Compare Records Clearance Policies | National Reentry Resource Center

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	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	District of Columbia	Delaware	Delaware	Delaware	Delaware	Delaware	Delaware	Delaware	Delaware
Clearance policy overview	Records relating to eligible misdemeanor or felony convictions may be sealed by the court eight years after sentence completion, or sooner if the prosecutor waives the waiting period, so long as the person does not have a disqualifying arrest or conviction. D.C. Code §§ 16-803(c), (e).	Records relating to a criminal offense that has been decriminalized may be sealed by the court at any time. D.C. Code § 16-803.02.	Records relating to a conviction that resulted from being a victim of human trafficking can be expunged by the court immediately. D.C. Code § 22-1844.	Records relating to an incorrectly attributed arrest, when no fingerprints were taken at arrest and no reliable identification was presented by the arrested person, may be sealed by the court. D.C. Code § 16-803(c-2).	Records relating to an arrest or charge that terminated without conviction may be sealed by the court on the grounds of actual innocence. D.C. Code § 16-802.	Records relating to certain misdemeanor charges that terminated without conviction may be sealed by the court after two years, or sooner if the prosecutor waives the waiting period, so long as the person does not have a disqualifying arrest or conviction. D.C. Code §§ 16-803.	Records relating to charges that terminated without conviction may be sealed by the court five years after sentence completion for a prior misdemeanor, or sooner if the prosecutor waives the waiting period, unless the present case terminated without conviction because of a deferred sentencing agreement. D.C. Code §§ 16-803(a)(2)(A), (b)(2)(A), (e).	Records relating to charges that terminated without conviction may be sealed by the court 10 years after sentence completion for a prior felony, or sooner if the prosecutor waives the waiting period, unless the present case terminated without conviction because of a deferred sentencing agreement. D.C. Code §§ 16-803(a)(2)(B), (b)(2)(B), (e).	Records relating to charges not covered by section 16-803(a) that terminated without conviction may be sealed by the court after four years, or sooner if the prosecutor waives the waiting period, so long as the person does not have a disqualifying arrest or conviction. D.C. Code §§ 16-803(b)(1)(A), (e), 16-801(5).	Records relating to an arrest not covered by section 16-803(a) that terminated before charging by prosecutors may be sealed by the court after three years, or sooner if the prosecutor waives the waiting period, so long as the person does not have a disqualifying arrest or conviction. D.C. Code §§ 16-803(b)(1)(A), (e), 16-801(5), (9).	Records relating to an arrest in the District of Columbia on the basis that the person was a fugitive from justice may be sealed by the court once the person has appeared before an official in the other jurisdiction. D.C. Code § 16-803.01.	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.	Records of a misdemeanor or violation conviction for which a pardon was received can be expunged by the Superior Court. 11 Del. C. § 4375.	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	See subsections (8) and (9) for ineligible offenses. D.C. Code §§ 16-801(8), (9).	No statutory language regarding ineligible offenses.	See D.C. Code § 22-1831(5B).	No statutory language regarding ineligible offenses.	No statutory language regarding ineligible offenses.	See subsections (5) to (9) for eligible and ineligible offenses. D.C. Code §§ 16-801(5)-(9).	See subsections (5) to (9) for eligible and ineligible offenses. D.C. Code §§ 16-801(5)-(9).	See subsection (8) for ineligible offenses. D.C. Code § 16-801(8).	None.	None.	None.	There are no ineligible offenses.	11 Del. C. § 4375(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	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	Petition-based
Waiting Periods	The petition may be filed eight years after sentence completion, or sooner if the prosecutor waives the waiting period.	There is no statutory language as to any waiting period.	There is no waiting period.	There is no statutory language as to any waiting period.	There is no statutory language as to any waiting period.	The petition may be filed two years after termination of the case without conviction, or sooner if the prosecutor waives the waiting period.	The petition may be filed five years after sentence completion, unless the prosecutor waives the waiting period.	The petition may be filed 10 years after sentence completion, unless the prosecutor waives the waiting period.	The petition may be filed four years after termination of the case without conviction, or sooner if the prosecutor waives the waiting period.	The petition may be filed three years after termination before charging, or sooner if the prosecutor waives the waiting period.	There is no statutory language as to any waiting period.	There is no waiting period.	There is no statutory language indicating that the petition cannot be filed immediately upon receipt of a pardon.	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	No statutory language.	No statutory language.	There is no statutory language on fees.	No statutory language.	No statutory language.	No statutory language.	No statutory language.	No statutory language.	No statutory language.	No statutory language.	No statutory language.	There is no statutory language on fees.	The Superior Court is empowered to set a "reasonable fee schedule" pursuant to section 4374(h).	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 need not disclose the arrest in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest, charge, trial, or conviction in response to any inquiry. D.C. Code § 16-803.02(b)(6).	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).	The person need not disclose the arrest in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. D.C. Code § 16-802(i).	The person need not disclose the arrest or charge in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest or charge in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest or charge in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest or charge in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).	The person need not disclose the arrest in response to any inquiry for any purpose. D.C. Code § 16-803.01.	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).	The person need not disclose records expunged under this provision. 11 Del. C. §§ 4374, 4375.	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	Seal	Seal	Expunge	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Expunge	Expunge	Expunge	Expunge	Vacate	Expunge	Expunge	Expunge	Expunge

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.