Delaware: Adult Non-Conviction Arrests (DE-NC-2)

Records relating to a case charged in criminal court can be expunged by the court immediately following termination of the case in favor of the accused as defined in section 4372. 11 Del. C. § 4374.

Record Detail(s)

Charges resolved in favor of defendant

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.

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 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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