Overview Description

Records relating to certain misdemeanors and lesser offenses charged in criminal court can be expunged by the State Bureau of Investigation immediately after the case is terminated in favor of the accused as defined in section 4372, so long as the petitioner has not been convicted of any crime since the termination. 11 Del. C. § 4373.

Ineligible Category or Citation

See section 4373(a) for offenses eligible for expungement and section 4373(c) for offenses ineligible for expungement.

Procedure General

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

Fees

The State Bureau of Identification is empowered to set reasonable fees. 11 Del. C. § 4373(e).

Effect

The person need not disclose the arrest for any reason, except to 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

An expungement form can be found here.

Waiting Periods

There is no statutory language regarding a waiting period.

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