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  1. #1

    Default Effect Of Pardon

    Delaware Hello, 11 1/2 years ago I was charged and convicted with a "Class B misdemeanor possession non-narcotic schedule B phencyclidine PCP" (This is how it is stated on the court docket). 1 1/2 years ago I received an unconditional pardon. I used an attorney, who is a former attorney general for the State of Delaware, to expedite the process. He stated to me that I'm technically supposed to reveal this information (the conviction and pardon) on a job application, but I shouldn't because any company doing a background check will not be able to see the conviction. Is this true? I do not want to be dishonest, but I feel I have no other recourse. I have two graduate level degrees and have never been denied financial aid as a result of the conviction. I have not been in trouble since the conviction (I was 18 when it occurred). I would like to make good use of my education; however, I'm afraid the conviction will continue to haunt me even though I made every effort possible to correct my past actions. Delaware code states:

    § 4364. Effect of pardon; restoration of civil rights.
    Except as otherwise provided by the Delaware Constitution, or expressly by any provision of the Delaware Code or any court rule, the granting of an unconditional pardon by the Governor shall have the effect of fully restoring all civil rights to the person pardoned. Such civil rights include, but are not limited to, the right to vote, the right to serve on a jury if selected, the right to purchase or possess deadly weapons and the right to seek and hold public office provided however, that this section shall not limit or affect the Governor's authority to place lawful conditions upon the granting of a pardon. (74 Del. Laws, c. 156, § 1.)

    I'm unsure whether "fully restoring all civil rights" means that employers are unable to see the conviction after the pardon. After reading several posts contained within this forum, I'm now under the impression that a pardon really has no effect at all! If this is the case, I feel I may have to leave the country in order to obtain employment.

    Any insights? Sorry this is so wordy.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Effect Of Pardon

    Delaware employment:
    Employers may not inquire about expunged records.

    DELAWARE --
    Do not have to disclose an arrest record that has been expunged -
    Applicable legislation: Delaware Code tit. 11, sec 4374(e)

  3. #3

    Default Re: Effect Of Pardon

    But the conviction was pardoned, not expunged. The state of Delaware separates pardons and expunged records. Records can only be expunged if there is an acquittal or a nolle prosequi is taken. I don't fall in either category. I would like to know whether or not my records can be accessed by employers since my records aren't expunged, only pardoned?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Effect Of Pardon

    In Delaware, a pardon does not remove the historical fact of the conviction from the state's official arrest and conviction records; it simply adds to the record that a pardon has been granted.

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