Delaware: Adult Diversion/Deferral Program (DE-D-2)

Records relating to a case discharged by the criminal court following successful completion of probation before judgment can be expunged by the court immediately following discharge of the case. 11 Del. C. §§ 4218, 4372, 4374.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Offenses under Title 21, except those listed in 4374(g)(2), are ineligible for expungement. See statutes for offenses eligible for probation before judgment.

Procedure General

The petition must be filed in the Criminal Division of the Superior Court in the county where the case was terminated and must include a copy of state criminal history. For the specific procedure, see 11 Del. C. § 4374.

Fees

The Superior Court is empowered to set reasonable fees. 11 Del. C. 4374(h).

Effect

The person need not disclose the arrest for any reason, except to a 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.

Back to Delaware