If you are seeking a Delaware expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Delaware Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Juveniles who were charged with an act of delinquency under the age of 18 which was later dropped, dismissed, nolled, or otherwise disposed of, and either:
- had no further adjudications in the three years after such adjudication or
- presents documentation of intent to enlist in the U.S. armed services.
- Adults charged with a crime in Family Court who is acquitted or has charges dismissed or nolled.
- Adults charged with a crime in Criminal Court who is acquitted or has charges dismissed or nolled.
Additional restrictions on who can qualify for an expungement
A person who is discharged from probation before judgment, iseligible to seek expungement. Defendant's subsequent pardon did not remove the underlying criminal conviction for expungement purposes. The law permits expungement of arrest and court records only when the underlying charge has been terminated through an acquittal or dismissal; while a pardon may remove the effect of a conviction, it may not provide standing to secure expungement of the arrest records.
At the time of this writing, there appears to be a bill (SB 79) that provides that the conviction record for an underage drinking related offense committed by a person under the age of twenty-one will be automatically expunged once the person reaches twenty-one years of age.
Does the law provide for sealing? What are the requirements?
All indicia of arrest and all applicable police and court records relating to the charge shall be sealed.
What does it mean if you have a record expunged or sealed
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.
No. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in certain circumstances. Records may be accessed by law enforcement officers if the person is a suspect in a felony or applying for law enforcement job. Physical destruction of fingerprints, photos, and Department of Justice records is not required to be expunged.
Are you eligible for a Delaware Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Delaware soon.