Delaware: Adult Convictions (DE-C-6)

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).

Record Detail(s)

Felony

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 10-year waiting period.

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