Steps for a Pardon
You will be eligible for a pardon in Delaware if:
A. You have been off probation for a minimum of 5-7 years. The more years the better and seven or more years is optimum.
B. Your crime was committed in Delaware.
C. You have a ‘clean’ record since being off level V other than minor traffic violations. (However, this can be negotiable especially if your additional offense was NOT sexual in nature and also depending on the gravity of another offense. KEEP YOUR RECORD CLEAN.
If you have offended in another state, you will have to research the procedure for the pardon process in the state in which you offended. We can still help with advice if your offense was in another state.
For residents of New Castle County, visit Wilmington Library 3rd Floor. Every Wed. at 10:00-11:00 a.m. The APEX program, which is state sponsored program, provides a Power Point presentation on the topic: 'How Do I File for a Pardon/Expungement'. It is mandatory that you attend this presentation before you can use the APEX program which is a state-run program and minimally priced to assist you with paperwork, filing, court preparation and to be sure you are eligible for a pardon. Of course, you may also hire an attorney to provide these services as well, but having an attorney does NOT guarantee a pardon.
If you live in New Castle County, contact your New Castle County APEX representative to be sure that the presentations and other necessary ‘steps’ are currently available due to changes that often occur with the process.
New Castle County:
Dominique Truitt – Program Coordinator
Phone: (302) 333-7605
Dominique.Truitt@delaware.gov Leave a message and she will call you back – it may take a while.
There is more information about the APEX program here:
New Castle County https://apex.delawareworks.com/contact.php
If you live in Sussex or Kent Counties, contact:
Andrew Duncan – Program Coordinator
Phone: (302) 233-6462
Andrew.Duncan@delaware.gov Leave a message and he will call you back.
Mr. Andrew Duncan is the APEX contact for Kent and Sussex Counties and will apprise you of what the procedure is for those counties. Speak with Andrew first, but since the procedure is probably the same as in New Castle County, you should follow the steps below in the order presented.
1. Make an appointment with a psychologist/therapist who is credentialed to evaluate a person convicted of sexual offenses. Be sure they can/will provide a letter with their recommendation regarding your suitability for a pardon after completing your risk assessment. An assessment often takes up to three months, hence the reason for starting with this first after attending an APEX presentation to determine if you are eligible for a pardon and want to continue with the process.
If you did not go to prison for your offense, you may not need a psychological evaluation, HOWEVER, almost ALWAYS it will help your case, even if it is not necessary. Having a current evaluation stating that your therapist feels you are NOT a danger to society, is a definite plus, ESPECIALLY if your charge was viewing illegal pictures on the internet or otherwise.
APEX in New Castle County recommends Dr. Leland Orlov for all felons who need an evaluation. He is not specifically credentialed to evaluate those on the sexual offense registry; however, registrants have been evaluated by him and obtained a pardon. I believe he accepts Medicaid, and most providers do not.
If you were convicted of viewing ‘illegal material’, I would recommend a person credentialed to work with those convicted of a sexual offense. This offense is one of the most difficult to deal with in terms of a pardon. Two providers who have employees who are specifically credentialed to evaluate this population are www.mentaledgecounseling.com and www.forensicassociatesde.com. Evaluations can be expensive, but you have a much better chance of being pardoned with a recent evaluation by a provider credentialed in this area. It adds an extra layer of credibility as far as the Pardon Board is concerned. Contact DARSOL42@aol.com for names of specific therapists. We can’t post specific names on our website other than Dr. Orlov.
Mr. Duncan in Kent and Sussex Co. may recommend another provider in those counties. You may also seek a provider of your choosing as well.
Dr. Leland Orlov 302-319-2493
Heritage Professional Plaza
2601 Annand Drive, Suite 7 Wilmington, DE 19808.
Dr. Orlov works with the APEX program and is reasonably priced.
2. You will need character letters from family members, friends, employers, clergy or professional relationships. Five to seven-character letters are recommended but more is even better. Writing a letter to the governor is NO LONGER required. We can help you with the format and content of your letters if desired. It is important that certain information be included in your letters. We also have ‘sample’ letters for you to reference if you would like some guidance.
3. When you are close to completing your evaluation with psychologist/therapist, start to get your official copies of the following documents.
*Note: The official documents must be dated within three months of your mailing all your documents and character letters to the Pardon Board. If three months have elapsed before your mail your paperwork off, you will have to obtain the paperwork again and that costs time and money.
You will need:
Certified court documents
Criminal Background Check
Certified copies of SBI from Troop 2 in New Castle County or wherever you are required to report in for Kent or Sussex Counties,
Sentencing order from courthouse in Wilmington - costs about $15. Court Docket.
4. Make an appointment at Troop 2 (302)-739-2528 for New Castle Co. or wherever you report for Kent and Sussex Counties to have your fingerprints done. Tell them you need them for a pardon (it will be mailed).
5. Mail your petition for a pardon and the paperwork mentioned above, including character letters to the Pardon Board. It takes 6 to 9 months before you’ll hear from the pardon board with a date to appear before the board.
6. The Pardon Board DOES read your character letters and they require certain information. You can talk to a board member of DARSOL about that. We like to help everyone once they know the date regarding when their pardon hearing will be held. What your character letters say is important. If you can obtain a letter from clergy or someone in authority (your employer etc.) in addition to family and friends, all the better.
We HIGHLY recommend that you contact us regarding information and format of your character letters before they are written. Also, a couple of months prior to appearing before the board, it is important to contact us so you will know what to expect at your pardon hearing and what you need to be prepared to provide to the board in terms of information or anything else. We WANT you to be successful!!
Email email@example.com. In the subject line, type in Pardon Info. You can also text 404-408-8846. That number is used for texts only. Begin the text with the words: ‘Pardon Info’.