The Delaware Supreme Court ruled that a person who receives a gubernatorial pardon can seek expungement of the pardoned conviction even when other charges from the same case remain ineligible for expungement, reversing a Superior Court decision in *Cornette v. State*.
Joseph Cornette pleaded guilty more than 30 years ago to assault and driving under the influence charges after he collided with another vehicle while driving drunk. He later received an unconditional gubernatorial pardon for his assault conviction and petitioned the Superior Court for discretionary expungement of the pardoned conviction under Delaware Code Section 4375.
The Superior Court denied Cornette's petition, interpreting Delaware law as requiring all charges in a case to be eligible for expungement before any petition could be granted. The trial court reasoned that because the DUI conviction was "non-expungable" under state law, Cornette could not seek expungement of even the pardoned assault conviction.
In a unanimous decision issued Feb. 5, 2026, the Delaware Supreme Court reversed and remanded the case back to the Superior Court. Justice LeGrow wrote the opinion for the five-member court, which included Chief Justice Seitz and Justices Valihura, Traynor, and Griffiths.
The high court held that Delaware's expungement statute permits partial expungement and that Cornette's pardoned conviction is eligible for expungement despite the presence of other non-expungable charges from the same case. The court clarified that if the trial court exercises its discretion to expunge the conviction, it may issue a partial expungement order limited to records pertaining to the expunged charges.
The case centers on the interpretation of 11 Del. C. § 4375, which governs discretionary expungement in Delaware. The statute allows courts to expunge criminal records in certain circumstances, but questions remained about whether partial expungement was permissible when some charges from a case were eligible while others were not.
Cornette was represented by attorneys from the Delaware Office of Defense Services, including John P. Deckers, who argued the case, along with Nicole Walker and Alanna R. Farber. The State of Delaware was represented by Jordan A. Braunsberg from the Delaware Department of Justice. The case also attracted amicus curiae participation from Richard A. Forsten and Michelle Streifthau-Livizos of Saul Ewing LLP.
The ruling has implications for how Delaware courts handle expungement petitions in cases involving multiple charges with varying eligibility for relief. Previously, the Superior Court's interpretation would have prevented anyone from seeking expungement of pardoned convictions if they were joined with non-expungable charges, regardless of the executive clemency received.
Delaware's gubernatorial pardon power allows the governor to grant full or conditional pardons for state crimes. An unconditional pardon typically restores civil rights and removes legal disabilities associated with a conviction, though it does not automatically erase the conviction from public records without additional court action.
Driving under the influence convictions in Delaware generally cannot be expunged due to public safety considerations and the state's interest in maintaining records of impaired driving offenses. These convictions remain on a person's record to inform future sentencing decisions and help identify repeat offenders.
The assault conviction that Cornette sought to expunge likely became eligible for discretionary relief through the gubernatorial pardon, which removed the underlying conviction that would have made expungement impossible. The Supreme Court's decision confirms that such pardoned convictions can be considered for expungement independently of other charges from the same case.
The case was submitted to the Delaware Supreme Court on Nov. 19, 2025, following appeal from the Superior Court. The matter originated as case number 23X-00807 in the Superior Court and was assigned number 505, 2024 on appeal.
With the case now remanded to the Superior Court, Cornette will have the opportunity to present his petition for discretionary expungement again. The trial court will need to determine whether to exercise its discretion to grant the expungement of his pardoned assault conviction while leaving the DUI conviction intact.
The decision provides clarity for future cases involving similar circumstances where defendants have received pardons for some but not all convictions arising from the same incident. Legal practitioners now have guidance that Delaware law permits courts to consider partial expungement when executive clemency has been granted for specific charges within a multi-count case.
This ruling reinforces the principle that gubernatorial pardons carry meaningful legal consequences and that courts should interpret expungement statutes in a manner that gives effect to executive clemency decisions. The case demonstrates the ongoing interaction between executive clemency powers and judicial authority over criminal records.