IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

JOSEPH H. CORNETTE, ) ) Appellant

- Petitioner, )

v. ) CA No. 23X

- 00807 ) STATE OF DELAWARE, ) ) Respondent. )

) Date Submitted: April 8 , 202 4 Date Decided: June 11 , 202 4

ORDER

Upon consideration of Defendant Joseph Cornette ’ s (“ Cornette ”) Appeal from

the Commissioner’s Order Denying Expungement (“ Appeal ” ) 1 the State’s

Response
, 2 statutory and decisional law, and the record in this case, IT APPEARS

THAT:

(1) On May 8, 1994, C ornette pled guilty to charges of Assault Second

Degree and Driving Under the Influence (“DUI”), stemming from a drunk driving

accident. 3 After maintaining a clean record for thirty years, Cornette applied for a

pardon on his Assault Second Degree conviction. 4 The Board of Pardons held a

1 Appeal from Comm ’ r’s Order Den

. Expungement

. 2 State’s Resp. to Appeal from Comm ’ r’s Order Den

. Expungement.

3 Appeal from Comm ’ r’s Order Den

. Expungement at 2.

4 Id

. at 3.hearing on June 23, 2022

. 5 On December 8, 2022, the Governor issued Cornette a

full and unconditional pardon for Cornette’s Assault Second Degree conviction. 6

(2) On May 21, 202 3 , Cornette filed an expungement petition for his

Assault Second Degree conviction pursuant to 11 Del. C. § 4375. The State did not

oppose the Motion. 7 The case was then submitted to the C ommissioner who denied

the expungement in her November 27, 2023 Order. 8 On December 21, 2023,

Cornette appealed the C ommissioner’s denial
, and the State submit ted a response
that it remained unopposed on January 26, 2024. 9 The Court held a hearing on the

expungement petition on April 8, 2024 where the State reiterated its position that it

was unopposed to the expungement. 10

(3) Under 11 Del. C. § 4375, “a person who was convicted of a crime . . .

who is thereafter unconditionally pardoned by the Governor may request a

discretionary expungement . . . .” 11 Discretionary expungement is available by

petition to the Superior Court when:

(i) a person was convicted of one or more eligible misdemeanors relating to the same case, at least 3 years have passed, and “the person has no prior or subsequent

5 Id

. 6 Id

. 7 Id

. In its response, the State did not raise 11 Del. C. § 4375
, nor did it discuss the statute in the subsequent hearing held on April 8, 2024.
8 Id

. 9 Id ., State’s Resp. to Appeal from Comm ’ r’s Order Den

. Expungement.

10 March 21, 2024 Letter to Counsel Regarding Oral Arg

. on Appeal from the Comm ’ r’s Order Den

. Expungement.
11 11 Del. C. § 4375(a).convictions;” (ii) seven years have passed since conviction of certain misdemeanors, and “the person has no prior or subsequent convictions;” or (iii) at least seven years have passed since the date of conviction of specified felonies and the person “has n o prior or subsequent convictions.” 12
If a Superior Court Commissioner denies discretionary expungement, the petitioner

may file objections to the decision to be reviewed by a judge. 13

(4) Pursuant to 11 Del. C. § 4372, in order for the Court to grant

expungement the entire case must be eligible for expungement. 14 This means that

all charges within one case must be expungable. 15 The Court will not split

convictions and expunge a conviction in one case where the other charges within the

same case are not expungable.

(5) Under 11 Del. C. § 4372(f)(2), Title 21 driving convictions including

DUIs are ineligible for expungement. 16

(6) Cornette pled guilty to Assault Second Degree and a DUI in the same

case. 17 While an Assault Second Degree conviction is eligible for expungement,

Cornette’s DUI is ineligible. Because both Cornette’s Assault Second Degree and

DUI arise out of the same case, the Court cannot split cases to expunge only a portion

12 Osgood v. State , 310 A.3d 415, 419 (Del. 2023)

. 13 11 Del. C. § 4374(g)
14 11 Del. C. § 4372.
15 Id

. 16 11 Del. C. § 4372 (f)(2).
17 Appeal from Comm’r’s Order Den. Expungement at 2.of Cornette’s case. Therefore, the Commissioner’s Order Denying Expungement is

AFFIRMED on th is ground

. NOW, THEREFORE, IT IS HEREBY ORDERED that Joseph Cornette’s

Appeal from the Commissioner’s Order Denying Expungement is DENIED

.
IT IS SO ORDERED.

/s/ Jan R. Jurden Jan R. Jurden, President Judge

cc: Original to Prothonotary Abolore J. Oshodi
, Esq., DAG John P. Deckers, Esq., Attorney for Appellant Joseph Cornette