Delaware: Adult Convictions (DE-C-5)

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).

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Offenses listed under 11 Del. C. § 4373(b) are ineligible for mandatory expungement under this section.

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 petitioner may be required to pay a fee set by the State Bureau of Investigation.€¯11 Del. C. § 4373(e).

Effect

The Bureau shall expunge all charges related to the case. 11 Del. C. § 4373(a).

Forms

There is not statutory language regarding forms.

Waiting Periods

There is a 5-year waiting period.

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