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HEATH v. STATE

No. 550, 2008.

983 A.2d 77 (2009)

Brian HEATH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 4, 2009.

Attorney(s) appearing for the Case

Charles M. Oberly, III, Drinker Biddle & Reath, LLP, Wilmington, DE, for Intervenor on behalf of appellant.

John Williams, Department of Justice, Dover, DE, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices constituting the court en banc.

STEELE, Chief Justice:

The Governor, as the Board of Pardons recommended, unconditionally pardoned Brian Heath for Second Degree Unlawful Sexual Contact. We address, on first impression, whether that pardon permits Heath to deregister as a sexual offender. The trial judge decided that the pardon statute's silence regarding registration differentiates its effect from expunction, which would extinguish Heath's Registry requirements. Because the Board and Governor review...

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