Delaware: Adult Diversion/Deferral Program (DE-D-1)

Records relating to certain misdemeanors and lesser offenses charged in criminal court that were discharged following completion of probation before judgment can be expunged by the State Bureau of Investigation, so long as the petitioner has not been convicted of any crime since the date the case was discharged. 11 Del. C. §§ 4218, 4372, 4373.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See 4218 of title 11 for offenses eligible for probation before judgment.

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. 11 Del. C. 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

A list of forms regarding expungement in Delaware can be found here.

Waiting Periods

There is no statutory language regarding a waiting period.

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