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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 | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | Delaware | |
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| Clearance policy overview | 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. | 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). |
| Ineligible Category or Citation | 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. | 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). |
| 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 | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | 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. | 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. |
| 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 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). |
| 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 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). | 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). |
| Remedy | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge |
