Learn About Your State
Type a new state
Delaware: Adult Non-Conviction Arrests (DE-NC-1)
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.
Record Detail(s)
Charges resolved in favor of defendant
Previous Conviction Disqualifying
Potentially, see statute
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
See 4373(a) for offenses eligible for expungement and section 4373(c) for offenses ineligible for expungement.
Procedure General
An application must be filed with the State Bureau of Identification and must include a copy of state criminal history. For the specific procedure, see 11 Del. C. § 4373.
Fees
The State Bureau of Identification is empowered to set reasonable fees. 4373(e).
Effect
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.
Forms
An expungement form can be found here.
Waiting Periods
There is no statutory language regarding a waiting period.
