Overview Description

 

Records relating to a charge that was not covered by a mandatory expungement policy and was terminated in favor of the accused as defined in section 1025(b) can be expunged by the Family Court. 10 Del. C. § 1025(e).

See 10 Del. C. § 922 for Family Court jurisdiction.

Ineligible Category or Citation

Offenses under Title 21 (Motor Vehicles) except those listed in section 1025(e)(6) are ineligible for expungement.

Procedure General

The petition must be filed in the Family Court in the county where the case terminated and 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. http://courts.delaware.gov/forms/list.aspx?sec=Forms&ag=All%20Courts&sub=Expungement%20of%20Criminal%20Records

Waiting Periods

There is no statutory language regarding a waiting period.

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