Overview Description

Records related to a charge not covered by mandatory expungement that was discharged after the completion of probation before judgment can be expunged by the Family Court. 10 Del. C. § 1025(e).

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

Ineligible Category or Citation

Offenses under Title 21 (Motor Vehicles) except those listed in section 1025(e)(6) are ineligible for expungement. See section 1024 of this title for first offenders domestic violence diversion program eligibility.

Procedure General

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

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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