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Delaware: Adult Non-Conviction Arrests (DE-NC-4)
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.
Record Detail(s)
Charges resolved in favor of defendant
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
At court's discretion
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement.
Procedure General
The petition must be filed in the Family Court in the county where the case terminated and include a copy of state criminal history. For the specific procedure, see 10 Del. C. § 1025(e).
Fees
The Family Court is empowered to set reasonable fees. 10 Del. C. 1025(e)(7).
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.
Forms
A list of forms regarding expungement in Delaware can be found here.
Waiting Periods
There is no statutory language regarding a waiting period.
