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| Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Florida | Georgia | |
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| Clearance policy overview | Records related to certain misdemeanors and lesser offenses charged in family court that were discharged after completion of probation before judgment can be expunged by the State Bureau of Identification if the petitioner has not been convicted of any crime since the discharge. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for the Family Court's jurisdiction. | 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. | 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. | Records relating to a case charged in criminal court can be expunged by the court immediately following termination of the case in favor of the accused as defined in section 4372. 11 Del. C. § 4374. | Records relating to certain misdemeanors and lesser offenses charged in family court can be expunged by the State Bureau of Identification immediately following termination of the case in favor of the accused, so long as the petitioner has not been convicted of any crime since the case terminated. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for Family Court jurisdiction. | 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. | Records relating to a single arrest or more than one arrest, if the additional arrests directly relate to the original arrest not resulting in conviction can be expunged by the court, so long as the person meets the specific criteria and submits a valid certificate of eligibility for expungement. Fla. Stat. § 943.0585. | Records relating to a single arrest or more than one arrest, if the additional arrests directly relate to the original arrest not resulting in conviction can be sealed by the court, so long as the person meets the specific criteria and submits a valid certificate of eligibility for sealing. Fla. Stat. § 943.059. | Records relating to offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583. | Records relating to a case dismissed after the successful completion of pretrial substance abuse education and treatment intervention program pursuant to section 948.08(6) for a nonviolent felony can be expunged by the court. Fla. Stat. § 948.08(6)(d). | Records relating to a case dismissed after successful completion of a pretrial veterans' treatment intervention program pursuant to section 948.08(7) for a felony offense can be expunged by the court. Fla. Stat. § 948.08(7)(b). | Records relating to a case dismissed after successful completion of a misdemeanor pretrial substance abuse education and treatment intervention program pursuant to section 948.16(1) can be expunged by the court. Fla. Stat. § 948.16(1)(b). | Records relating to a case dismissed after the successful completion of a misdemeanor pretrial veterans' treatment intervention program pursuant to section 948.16(2) can be expunged by the court. Fla. Stat. § 948.16(2). | Non-judicial records of an arrest made contrary to law or by mistake will be administratively expunged by the Department of Law Enforcement upon application, so long as the application is supported by the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred. Fla. Stat. § 943.0581, 11C-7.008, F.A.C. | Records of a case that did not end with a conviction can be expunged by the court 10 years after a court order sealed the record. Fla. Stat. § 943.0585(2)(h). | Records of arrest or charges for offenses committed or reported when the person was a victim of human trafficking can be expunged by the court. Fla. Stat. § 943.0583. | A criminal history record will be automatically sealed when an indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(1). | A criminal history record will be automatically sealed if the case was dismissed or nolle prosequi, unless the dismissal was pursuant to Fla. Stat. § 916.145 or Fla. Stat. § 985.19. This applies in cases where a charging document was filed. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(2). | A criminal history record will be automatically sealed if a verdict of not guilty or a judgment of acquittal was rendered by a judge or jury. There is no limitation on the amount of times a person may obtain automatic sealing under this section. Fla. Stat. § 943.0595(2)(a)(3),(4). | Records maintained by the court clerk can be sealed by the court following the restriction of the criminal history information by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(m)(1). |
| Ineligible Category or Citation | See 1025(d)(2) for offenses ineligible for mandatory expungement. See section 1024 of this title for eligibility for the first offender domestic violence diversion program. | Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement. See statutes for offenses eligible for probation before judgment. | See 4373(a) for offenses eligible for expungement and section 4373(c) for offenses ineligible for expungement. | Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement. | See 1025(d)(2) for offenses ineligible for mandatory expungement. | Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement. | See section 943.0584(2) for offenses ineligible for expungement, and for offenses ineligible for a certificate of eligibility for expunction. | See Fla. Stat. § 943.059 | Any offense listed in § 775.084(1)(b)1. | For charges ineligible for pretrial intervention, see section Fla. Stat. § 948.08(6). For charges ineligible for expungement, see Fla. Stat. § 943.0585. | For charges ineligible for pretrial intervention, see section 948.08(7) and section 948.06(8)(c). For charges ineligible for expungement, see section 943.0585 and section 943.0584.. | For charges eligible for pretrial substance abuse education and treatment intervention, see section 948.16(1). For charges ineligible for expungement, see section 943.0585. | For charges ineligible for expungement, see section 943.0585. | There is no statutory language regarding ineligible offenses. | See Fla. Stat. § 943.0585. | Any offense listed in § 775.084(1)(b)1. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | Any offense listed in Fla. Stat. § 943.0435(1)(h)1.a.(I) or any forcible felony as defined under Fla. Stat. § 776.08.. | There is no statutory language regarding ineligible offenses. |
| 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 | Automatic | Automatic | Automatic | Petition-based |
| Waiting Periods | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | The petition may be filed at any time. | The petition may be filed at any time. | There is no waiting period. The petition must be initiated by the petitioner with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4). | The petition may be filed immediately upon dismissal of the charges. | The petition may be filed immediately upon dismissal of the charge. | The petition may be filed immediately upon dismissal of the charge. | The petition may be filed immediately upon dismissal of the charge. | The written application may be filed at any time. | The petition to expunge the record may be filed 10 years after the record is sealed. | There is no waiting period. The petition must be initiated by the petitioner with due diligence after the victim has ceased to be a victim of human trafficking or has sought services for victims of human trafficking, subject to reasonable concerns for the safety of the victim, family members of the victim, or other victims of human trafficking that may be jeopardized by the bringing of such petition. Fla. Stat. § 943.0583(4) | There is no waiting period. | There is no waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. |
| Fees | The State Bureau of Investigation is empowered to set reasonable fees. 10 Del. C. 1025(d)(4). | The Family Court is empowered to set reasonable fees. 10 Del. C. 1025(e)(7). | The State Bureau of Identification is empowered to set reasonable fees. 4373(e). | The Superior Court is empowered to set reasonable fees. 11 Del. C. 4374(h). | The State Bureau of Identification is empowered to set reasonable fees. 10 Del. C. 1025(d)(4). | The Family Court is empowered to set reasonable fees. 10 Del. C. 1025(e)(7). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | The clerk of the court may not charge a filing fee, service charge, or copy fee or any other charge for a petition filed under this section. | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | There is no statutory language regarding fees. | There is a $75 processing fee to apply for a certificate of eligibility for expungement, unless waived. Fla. Stat. § 943.0585(2)(a)(4). | The clerk of the court may not charge a filing fee, service charge, or copy fee or any other charge for a petition filed under this section. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| 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. | 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 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 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. 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. 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. | Record is confidential and not available to any person or entity except upon the order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6)(a). The person may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and available only pursuant to section 943.059(6)(a). The person can lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(a). | Petitioner can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when petitioner is an applicant for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The record is confidential and not available to any person or entity except upon an order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in circumstances specified in Fla. Stat. § 943.0585(6)(b). | The non-judicial record of arrest is expunged. 11C-7.008, F.A.C. | The record is confidential and not available to any person or entity except upon order of a court of competent jurisdiction. Fla. Stat. § 943.0585(6)(a). The person can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except in the circumstances specified in Fla. Stat. § 943.0585(6)(b). | The petitioner may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when petitioner is an applicant for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8) | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The subject of a record sealed under this section may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except in the circumstances specified in Fla. Stat. § 943.059(6)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059(6). | The clerk of court will cause every document, whether physical or electronic, to be restricted. The person who is the subject of the information can petition for inspection. Ga. Code Ann. § 35-3-37(m). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Seal |
