Delaware: Adult Convictions (DE-C-3)

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).

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This policy applies only to marijuana possession offenses.

Procedure General

An application must be filed with the State Bureau of Investigation, including a copy of state criminal history. For specific procedure, see 11 Del. C. § 4373.

Fees

The State Bureau of Identification is empowered to charge a "reasonable fee." 11 Del. C. § 4373(d).

Effect

The person need not disclose records expunged under this provision. 11 Del. C. § 4373(f).

Forms

An expungement form can be found here.

Waiting Periods

There is no waiting period.

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