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In Delaware, if you have been arrested, charged but then granted a nolle prosequi you are entitled to have your criminal records expunged.
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.
For misdemeanors that are excluded from eligibility for mandatory expungement (§ 4373(b)), a defendant can seek discretionary expungement after seven years.
Records eligible for discretionary expungement are: Misdemeanors eligible for mandatory expungement are eligible for a discretionary expungement after a three-year waiting period (two years before they would be eligible for the mandatory expungement process).
It is not inexpensive to clear your record The $52 is the fee to get fingerprinted and obtain a certified criminal history report from the State Bureau of Identification ? a requirement in order to start the process of expungement.
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.
Clean Slate Delaware aims to expand access to second chances through legislation, advocacy, and public education efforts that will expand expungement eligibility and help more eligible records access expungement.
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.