Overview Description

Records related to drug possession can be expunged if the person has no prior or subsequent convictions and 5 years have passed since the date of conviction. 11 Del. C. § 4373(2)(b).

Ineligible Category or Citation

Offenses listed under 11 Del. C. § 4373(b) are ineligible for mandatory expungement under this section. 

Procedure General

An application must be filed with the State Bureau of Investigation, including a copy of state criminal history. For specific procedure, see 11 Del. C. § 4373.


The petitioner may be required to pay a fee set by the State Bureau of Investigation. 11 Del. C. § 4373(e).


The Bureau shall expunge all charges related to the case. 11 Del. C. § 4373(a).


There is not statutory language regarding forms.

(non-prod server)