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The mandatory expungement process is managed by the State Bureau of Identification(SBI). Anyone seeking a mandatory expungement must first be fingerprinted and request their Certified Delaware Criminal History. The fee for fingerprinting is $52.
In Delaware, if you have been arrested, charged but then granted a nolle prosequi you are entitled to have your criminal records expunged.
If the same person is later charged with and convicted of retail theft, then the homicide arrest will no longer be eligible for expungement from the criminal record. Note that expungements are not available for DUI-related arrests.
Certain crimes cannot be expunged in Delaware. These crimes include first- and second-degree murder, first- and second-degree rape, first-degree sexual abuse of a child by a person in a position of trust, manslaughter, and most vehicle offenses.
Under the Adult Expungement Reform Act, if a person was convicted of a one or more criminal offenses, including most felony offenses, and is, thereafter, unconditionally pardoned by the Governor, then they may apply to the Court for a discretionary expungement of their arrest and prior conviction records.
For now, if you were charged with a crime in Delaware and want to remove it from your record, you must obtain an expungement to remove the arrest, charges, convictions, or adjudications.
If the case was "terminated in your favor", such as acquittal, nolle prosequi, dismissed, etc., there is no wait. If you were convicted of one or more violations in the same case, you must wait three years. If you were convicted of one or more misdemeanors in the same case, you must wait five years.
If the case was "terminated in your favor", such as acquittal, nolle prosequi, dismissed, etc., there is no wait. If you were convicted of one or more violations in the same case, you must wait three years. If you were convicted of one or more misdemeanors in the same case, you must wait five years.