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| Clearance policy overview | 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. | 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 charges that were dismissed can be sealed upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.059. | Records relating to an arrest or filing of charges for an offense committed while the person was a victim of human trafficking can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0583. | Records relating to dismissed charges can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0585(1)(b). | Records relating to charges dismissed because the person acted in lawful self-defense can be expunged upon petition, so long as the person is not subject to a disqualifying event. Fla. Stat. § 943.0578. |
| Ineligible Category or Citation | 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. | 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 | For the list of offenses ineligible for sealing under this column, see Fla. Stat. § 943.0584. | For the list of offenses ineligible for sealing under this column, see section 775.084(1)(b). Fla. Stat. § 943.0583(3). | For the list of offenses ineligible for expunction under this column, see Fla. Stat. § 943.0585. The person is ineligible for expunction under this column if the person: (a) been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains or (b) is under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to expunge pertains. | 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 | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | 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. | 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. | A petition may be filed at any time following the dismissal of the case. | The petition must be filed 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). | A petition may be filed at any time following the dismissal of the case. | A petition can be filed at any time. |
| 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 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). | 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). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.059(2)(b). | 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. | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(a). | A $75 fee must be paid for the certificate of eligibility, unless waived. Fla. Stat. § 943.0585(2)(b). |
| Effect | 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. | 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). | A criminal history record of a minor that was ordered sealed by a court is confidential and exempt from inspection as a public record. It is available only to the person who is the subject of the record, their attorney, criminal justice agencies, judges, or to the entities specified in Fla. Stat. § 943.059(6)(a). The subject 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)(b). For further information about the effect of sealing, see Fla. Stat. § 943.059)(6). | A conviction that was expunged for a victim of human trafficking is deemed to have been vacated due to a substantive defect in the underlying criminal proceedings. Fla. Stat. § 943.0583(3). Any criminal history record of a minor victim of human trafficking that is ordered expunged as a must be physically destroyed or obliterated by any criminal justice agency having custody of such record, except that any criminal history record in the custody of the department of law enforcement must be retained in all cases. Fla. Stat. § 943.0583(8)(a). The person who is the subject of a criminal history record that is expunged due to being a victim of human trafficking can lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the person is a candidate for employment with a criminal justice agency or a defendant in a criminal prosecution. Fla. Stat. § 943.0583(8)(b). For further information about the effect of expungement, see Fla. Stat. § 943.0583. | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(6). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. 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). For further information about the effect of expungement, see Fla. Stat. § 943.0585(6). | Any criminal history record of a minor which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the Florida Department of Law Enforcement must be retained in all cases. Fla. Stat. § 943.0585(4). A criminal history record of a minor which is ordered expunged by a court pursuant to this section is confidential and exempt from inspection as a public record and is not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency can retain a notation indicating compliance with an order to expunge. The subject 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(4)(a). For further information about the effect of expungement, see Fla. Stat. § 943.0585(4). |
| Remedy | Expunge | Expunge | Expunge | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Expunge | Expunge | Expunge |
