Delaware: Adult Diversion/Deferral Program (DE-D-4)

Records related to a charge not covered by mandatory expungement that was discharged after the completion of probation before judgment can be expunged by the Family Court. 10 Del. C. § 1025(e). See 10 Del. C. § 922 for the Family Court's jurisdiction.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

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 Family Court in the county where the case terminated, and must include a copy of state criminal history. For the specific procedure, see 10 Del. C. § 1025(e).

Fees

The Family Court is empowered to set reasonable fees. 10 Del. C. 1025(e)(7).

Effect

The person need not disclose the arrest for any reason. 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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