Delaware: Adult Non-Conviction Arrests (DE-NC-3)

Records relating to certain misdemeanors and lesser offenses charged in family court can be expunged by the State Bureau of Identification immediately following termination of the case in favor of the accused, so long as the petitioner has not been convicted of any crime since the case terminated. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for Family Court jurisdiction.

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See 1025(d)(2) for offenses ineligible for mandatory expungement.

Procedure General

An application must be filed with the State Bureau of Investigation and include a copy of state criminal history. For the specific procedure, see 10 Del. C. § 1025.

Fees

The State Bureau of Identification is empowered to set reasonable fees. 10 Del. C. 1025(d)(4).

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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