Overview Description

A record relating to only one felony, misdemeanor, or violation case will be expunged upon petition after three years since the date of adjudication, provided that the petitioner meets certain requirements. 10 Del.C. § 1017(a)(3).

Ineligible Category or Citation

To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del.C. § 1015(b). The adjudication that the petitioner seeks to have expunged cannot be for a violent felony, violent misdemeanor, or felony or misdemeanor sex offense as defined in section 1016. 10 Del.C. § 1017(a)(3).

Procedure General

The petition must be filed in the Family Court in the county where the most recent case was terminated, disposed of, or concluded, even if the petition includes cases from more than one county. 10 Del.C. § 1015(c).

The Court can order the expungement of charges originating in a different county. 10 Del.C. § 1015(e).

The petitioner must attach a copy of that petitioner's criminal history as maintained by the State Bureau of Identification. 10 Del.C. § 1015(d)(3).

For the specific procedure, see 10 Del.C. § 1015.

Fees

The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del.C. § 1015(d)(3).

Effect

If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a).

Forms

A list of forms regarding expungement in Delaware can be found here. http://courts.delaware.gov/forms/list.aspx?sec=Forms&ag=All%20Courts&sub=Expungement%20of%20Criminal%20Records

Waiting Periods

The petition may be filed three years after the date of adjudication.

(non-prod server)