1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
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 fingerprint, photos, and Department of Justice records is not required. Delaware Code § 4374, § 1026.
What records may be expunged?
Normally, records in any court, correctional facility, law enforcement or criminal justice agency will be affected. Specifically, all indicia of arrest and all applicable police and court records relating to the charge. Records of juvenile adjudications not eligible for expungement are those involving the following crimes:
Second degree murder, first degree arson, and first degree burglary. §
1001 (c).
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.
3. Who is eligible for an expungement?
1. Juveniles who was charged with an act of delinquency under the age of 18 which was later dropped, dismissed, nolled, or otherwise disposed of, and either a) had no further adjudications in the three years after such adjudication or b)presents documentation of intent to enlist in the U.S. armed services. § 1001.
2. Adults charged with a crime in Family Court who is acquitted or has charges dismissed or nolled. § 1025.
3. Adults charged with a crime in Criminal Court who is acquitted or has charges dismissed or nolled. § 4372.
How do I get an "Expungement"?
1) Juveniles charged with delinquency in Family Court may themselves, or through a legal guardian, petition the court setting forth all the relevant facts in the matter and requesting expungement of all indicia of arrest and all applicable police and court records relating to the charge. If applicable, written documentation of intent to enlist in the armed services by the applicable military authority in said armed forces must be provided.
Upon reading and filing such petition the Court may by order fix a time not less than 10 nor more than 30 days thereafter for the hearing of the matter, a copy of which order shall be served in the usual manner upon the Attorney General within 5 days from the date of such order and at the time so appointed the Court shall hear the matter and if no material objection is made and no reason appears to the contrary, an order may be granted directing the Clerk of the Court to expunge from the records all evidence of such adjudication. § 1001.
2) Adults charged with crimes in Family Court may file a petition in the Family Court in the county where the case was terminated, disposed of or concluded. A copy of the petition shall be served on the Attorney General, who may file an objection or answer to the petition within 30 days after being served. If necessary, a hearing will be held. The petition will be granted if the court finds no other criminal convictions exist and that justice requires the records should not be deemed to exist nor the information within to be disseminated. § 1025.
3) In cases terminated in criminal court, a petition shall be filed in the Superior Court in the county where the case was terminated, disposed of or concluded. A copy of the petition shall be served on the Attorney General, who may file an objection or answer to the petition within 30 days after it is served on the Attorney General. If necessary, a hearing will be held. The petition will be granted if the court finds no other criminal convictions exist and that justice requires the records should not be deemed to exist nor the information within to be disseminated. The State shall be made party defendant to the proceeding. Any party aggrieved by the decision of the Court may appeal, as provided by law in civil cases. § 4372, § 4373.
