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| Clearance policy overview | Records relating to an arrest or terminated prosecution for conduct that was a direct result of being a victim of human trafficking can be expunged by the court immediately. D.C. Code § 22-1844. | A record relating to only one felony, misdemeanor, or violation case will be expunged upon petition after three years since the date of adjudication, provided that the petitioner meets certain requirements. 10 Del.C. § 1017(a)(3). | Records relating to no more than one case which resulted in adjudication of delinquency for a felony sex offense can be expunged, so long as five years have elapsed since the adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(3). | Records relating to multiple adjudications for cases can be expunged, so long as five years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4). | Records of a misdemeanor or violation conviction for which a pardon was received can be expunged by the Superior Court. 11 Del. C. § 4375. | A record relating to a single case that resulted in an adjudication of delinquency for a misdemeanor sex offense can be expunged, if at least three years have passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(2). | A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner can be expunged during the Court proceeding at which the case was terminated. 10 Del. C. § 1017(a). | Records relating to multiple adjudications for cases that include Title 11 violent felonies and felony sex offenses can be expunged, so long as seven years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4). | An adjudication for prostitution, loitering, or obscenity can be vacated by the court, and the related records can be expunged, after two years. 11 Del. C. § 787(j). | A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner will be expunged. 10 Del. C. § 1017(a). | A record relating to felony, misdemeanor, and violation cases that were terminated in favor of petitioner will be expunged upon petition after one year since the last felony case was terminated. 10 Del.C. § 1017(a). | A record relating to only felony, misdemeanor, or violation cases which were terminated in favor of the petitioner can be expunged if less than one year has passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(1). | Records relating to a single case that resulted in an adjudication of delinquency for a violent felony, as defined in section 1016, can be expunged, so long as three years have passed since adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(2). | Records relating to a Family Court misdemeanor conviction or violation that was pardoned can be expunged by the Family Court. 10 Del. C. § 1025(f). See 10 Del. C. § 922 for the Family Court's jurisdiction. | Upon application, records of a single marijuana possession conviction that occurred before December 18, 2015 are expunged by the State Bureau of Identification immediately, provided that the person is otherwise eligible for mandatory expungement under 11 Del. C. section 4373. 16 Del. C. § 4764(j). | Records relating to a conviction that resulted from being a victim of human trafficking can be vacated and expunged by the court immediately. 11 Del. C. § 787(j). | 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). | Records related to certain felonies can be expunged if the person has no prior or subsequent convictions and 10 years have passed since the date of conviction or release from incarceration, whichever is later. 11 Del. C. § 4373(2)(c). | Records relating to certain misdemeanors and lesser offenses charged in criminal court that were discharged following completion of probation before judgment can be expunged by the State Bureau of Investigation, so long as the petitioner has not been convicted of any crime since the date the case was discharged. 11 Del. C. §§ 4218, 4372, 4373. | 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 | There are no ineligible offenses. | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del.C. § 1015(b). The adjudication that the petitioner seeks to have expunged cannot be for a violent felony, violent misdemeanor, or felony or misdemeanor sex offense as defined in section 1016. 10 Del.C. § 1017(a)(3). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement under this column, petitioner may not have: (a) adjudications for certain serious offenses as outlined in section 1015(b); (b) adjudications for violent felonies as defined under Title 11; (c) adjudications for felony sex offenses; (d) adult convictions; or (e) pending criminal charges. 10 Del. C. § 1015(b), 1018(a)(4). Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b).. | 11 Del. C. § 4375(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | This policy applies only to prostitution, loitering, and obscenity. 11 Del. C. § 787(j). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b). | To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b).. | See section 1025(g) for offenses ineligible for expungement following a pardon. | This policy applies only to marijuana possession offenses. | Offenses designated as violent felonies in 11 Del. C. § 4201 are ineligible for expungement. | Offenses listed under 11 Del. C. § 4373(b) are ineligible for mandatory expungement under this section. | Offenses listed under 11 Del. C. § 4373(b) are ineligible for mandatory expungement under this section. | See 4218 of title 11 for offenses eligible for probation before judgment. | Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement. See statutes for offenses eligible for probation before judgment. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | There is no waiting period. | The petition may be filed three years after the date of adjudication. | A petition may be filed five years after the adjudication. | A petition may be filed five years after the last adjudication. | There is no statutory language indicating that the petition cannot be filed immediately upon receipt of a pardon. | The petition may be filed three years after the adjudication. | The record may be expunged immediately. | A petition may be filed seven years after the last adjudication. | The petition can be filed two years after the person's last criminal conviction and must be filed within "a reasonable period of time" after the person ceases to be a victim of trafficking. 11 Del. C. § 787(j)(2)(c). | The petition may be filed immediately. | The petition may be filed one year after the last felony case was terminated in favor of the petitioner. | The petition may be filed one year after the case was terminated in favor of the petitioner. | A petition may be filed three years after the adjudication. | There is no statutory language regarding a waiting period. | There is no waiting period. | There is no waiting period. | There is a 5-year waiting period. | There is a 10-year waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. |
| Fees | There is no statutory language on fees. | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del.C. § 1015(d)(3). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The Superior Court is empowered to set a "reasonable fee schedule" pursuant to section 4374(h). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | There is no statutory language regarding fees. | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | There is no statutory language on fees. | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The State Bureau of Identification can charge a reasonable fee for providing a certified copy of the petitioner's criminal history. 10 Del. C. § 1015(d)(3). | The Family Court is empowered to set reasonable fees. 10 Del. C. 1025(e)(7). | The State Bureau of Identification is empowered to charge a "reasonable fee." 11 Del. C. § 4373(d). | There is no statutory language on fees. | The petitioner may be required to pay a fee set by the State Bureau of Investigation.€¯11 Del. C. § 4373(e). | The petitioner may be required to pay a fee set by the State Bureau of Investigation.€¯11 Del. C. § 4373(e). | The State Bureau of Identification is empowered to set reasonable fees. 11 Del. C. 4373(e). | The Superior Court is empowered to set reasonable fees. 11 Del. C. 4374(h). |
| Effect | The person is restored to the status they had before being arrested and need not disclose the arrest in response to any inquiry for any purpose. D.C. Code § 22-1846(i). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | The person need not disclose records expunged under this provision. 11 Del. C. §§ 4374, 4375. | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | The court enters an order vacating the adjudication and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires. 11 Del. C. § 787(j)(2). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a). | 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. | The person need not disclose records expunged under this provision. 11 Del. C. § 4373(f). | The court enters an order vacating the judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires. 11 Del. C. § 787(j)(2). | The Bureau shall expunge all charges related to the case. 11 Del. C. § 4373(a). | The Bureau shall expunge all charges related to the case. 11 Del. C. § 4373(a). | 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. | 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. |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge |
