Overview Description

Records relating to a Family Court misdemeanor conviction or violation that was pardoned can be expunged by the Family Court. 10 Del. C. § 1025(f).

See 10 Del. C. § 922 for the Family Court's jurisdiction.

Ineligible Category or Citation

See section 1025(g) for offenses ineligible for expungement following a pardon.

Procedure General

The petition must be filed in the Family Court in the county where the case was terminated, and must include a copy of state criminal history. For the specific procedure see 10 Del. C. §§ 1025(e), (f), (g).

Fees

The Family Court is empowered to set reasonable fees. 10 Del. C.  1025(e)(7).

Effect

The person need not disclose the arrest for any reason. 10 Del. C. § 1027(e). In response to inquiries from anyone other than a law enforcement officer, courts and police agencies will reply that there is no record. 10 Del. C. §§ 1025(e)(5), 1027.

Forms

A list of forms regarding expungement in Delaware can be found here.

Waiting Periods

There is no statutory language regarding a waiting period.

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