Overview Description

Records relating to a case discharged by the criminal court following successful completion of probation before judgment can be expunged by the court immediately following discharge of the case. 11 Del. C. §§ 4218, 4372, 4374.

Ineligible Category or Citation

Offenses under Title 21 (Motor Vehicles), except those listed in section 4374(g)(2), are ineligible for expungement. See statutes for offenses eligible for probation before judgment.

Procedure General

The petition must be filed in the Criminal Division of the Superior Court in the county where the case was terminated and must include a copy of state criminal history. For the specific procedure, see 11 Del. C. § 4374.

Fees

The Superior Court is empowered to set reasonable fees. 11 Del. C. 4374(h).

Effect

The person need not disclose the arrest for any reason, except to a criminal justice agencies. 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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