2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 43. Sentencing, Probation, Parole and Pardons
Subchapter VII Expungement of Criminal Records
§ 4373 Mandatory expungement [Effective until Dec. 27, 2019].
(a) If a person is charged with the commission of a crime which is designated as a misdemeanor or violation in Title 4, 7, 11, 16 or 23, or a county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any Title 4, 7, 11, 16 or 23 offense, excepting those crimes specifically exempted in subsection (c) of this section, and the case is terminated in favor of the accused, and the person has not previously been convicted of another criminal offense, upon an appropriate request to the State Bureau of Identification by such person the police records and court records, including any electronic records, relating to the charge or charges shall be expunged if the person has not been convicted of any crime since the date upon which the case was terminated in favor of the accused.
(b) If the State Bureau of Identification determines that expungement is mandated pursuant to the terms of this section it shall promptly so notify the courts and police agencies where records pertaining to the case are located or maintained, and any court where the case was terminated, disposed of or concluded. All records appropriately specified in the expungement request shall, within 60 days of the determination that such request is mandated pursuant to the terms of this section, be removed from the files, and placed in the control of the Supervisor of the State Bureau of Identification who shall be designated to retain control over all expunged records, and who shall insure that the records or the information contained therein is not released for any reason except as specified in this subchapter. A court and/or police agency which receives a notice of expungement from the State Bureau Identification shall provide the Bureau with written confirmation of the completion of the expungement. In response to requests from nonlaw-enforcement officers for information or records on the person who was arrested, the law-enforcement officers and departments shall reply, with respect to the arrest and proceedings which are the subject of the order, that there is no record.
(c) Mandatory expungement pursuant to this section shall not be applicable to the records of any case in which the defendant was charged with 1 or more of the following crimes, or any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any crime specified herein:
(1) Any misdemeanor designated as a sex offense pursuant to § 761 of this title;
(2) Any misdemeanor set forth in subpart A of subchapter II of Chapter 5 of this title;
(3) Unlawful imprisonment pursuant to § 781 of this title;
(4) Interference with custody pursuant to § 785 of this title;
(5) Coercion pursuant to § 791 of this title;
(6) Trespassing with intent to peer or peep, pursuant to § 820 of this title;
(7) Endangering the welfare of a child, pursuant to § 1102 of this title;
(8) Crime against a vulnerable adult, pursuant to § 1105 of this title;
(9) Any misdemeanor set forth in subparts A, B, C or F of subchapter VI of Chapter 5 of this title;
(10) Any misdemeanor or violation set forth in Chapter 85 of this title;
(11) Patient abuse, pursuant to § 1136 of Title 16;
(12) Operation of a vessel or boat while under the influence, pursuant to § 2302 of Title 23.
(d) At the time the application requesting expungement is filed with the State Bureau of Identification the applicant shall pay a reasonable fee to the State Bureau of Identification. The applicant shall attach a copy of that applicant’s criminal history as maintained by the State Bureau of Identification to any application requesting expungement filed pursuant to this section. The State Bureau of Identification shall summarily reject any application for expungement that does not include the applicant’s criminal history without further notice to the applicant.
(e) The State Bureau of Identification shall be authorized to promulgate reasonable regulations and a reasonable fee schedule to accomplish the purposes of this section.
(f) An offense for which records have been expunged pursuant to this section shall not have to be disclosed by the person as an arrest for any reason, except for disclosure to criminal justice agencies, as defined in § 8502(5) of this title, for the purposes provided in § 4376(a) of this title.
62 Del. Laws, c. 317, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 150, § 6; 76 Del. Laws, c. 392, § 2; 77 Del. Laws, c. 156, § 1; 77 Del. Laws, c. 348, § 1; 77 Del. Laws, c. 416, § 1; 78 Del. Laws, c. 256, §§ 1, 2.
