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After receiving a DUI in Delaware, one of the most pressing concerns for many individuals is whether the offense can ever be removed or hidden from their record. In particular, people often ask if a DUI can be expunged or sealed, allowing them to move forward without the long-term stigma or consequences that often follow.
In Delaware, DUI convictions are serious matters that leave a lasting imprint on your legal and personal records. While some types of offenses can be cleared under certain circumstances, the process for DUI is limited and only available in specific cases. Understanding the rules and restrictions around expungement and record sealing in Delaware is crucial for anyone trying to navigate their options after a DUI charge.
This post outlines how expungement works in Delaware, whether DUI convictions qualify, and what steps—if any—can be taken to seal or clear your record. Whether you’re dealing with a dismissed charge or a past conviction, this guide will help you understand the path ahead.
What Is Expungement and How Does It Work in Delaware?
Expungement is the legal process of erasing or sealing a person’s criminal record from public access. When a record is expunged, it is removed from standard background checks and databases used by employers, landlords, and licensing agencies. However, the record may still be accessible to law enforcement or in specific legal circumstances.
In Delaware, the expungement process is managed through the Delaware State Bureau of Identification and governed by state law. There are two general categories:
- Mandatory Expungement – for certain types of cases, expungement is required by law and must be granted when eligibility is met.
- Discretionary Expungement – for other cases, including more serious charges, expungement may be granted but is not guaranteed. A petition must be filed, and a judge has the authority to approve or deny it.
To be eligible for expungement, the outcome of your case is the key factor. Delaware law allows more flexibility for cases that did not result in a conviction. Cases that were dismissed, ended in acquittal, or were resolved without a guilty plea are more likely to be eligible for clearing.
DUI Convictions and Expungement Eligibility in Delaware
In most cases, a DUI conviction in Delaware cannot be expunged. Once a person is convicted of Driving Under the Influence, the offense becomes part of their permanent criminal record and typically stays there unless a governor’s pardon is obtained first.
Delaware law distinguishes between convictions and non-conviction outcomes. If your DUI case ends in a conviction—whether through a guilty plea or trial verdict—you are not eligible for expungement through the standard process. Your only potential path is to receive a pardon from the governor of Delaware, and then request expungement afterward.
For DUI cases that are dismissed, result in a not guilty verdict, or are dropped by the prosecution, the record may be eligible for expungement without a pardon. However, even in these scenarios, expungement is not automatic. A formal request must be submitted, and the process can take several months to complete.
Because DUI charges are classified as criminal offenses in Delaware, the rules around their removal are stricter than for minor violations or infractions. This reflects the state’s emphasis on public safety and accountability in impaired driving cases.
Sealing vs Expunging: What’s the Difference?
Although often used interchangeably, expunging and sealing a record are not the same. In Delaware, the term “expungement” is used to describe the formal removal of records from public view. Delaware does not currently have a separate legal process called “sealing” like some other states do.
When a record is expunged in Delaware, it is removed from state-maintained public databases. However, private databases and certain agencies may still retain information, especially if the offense was publicized before expungement was granted.
There is no “automatic sealing” process in Delaware. Even for non-conviction outcomes, individuals must actively request expungement. Without that request and official approval, the record remains visible in background checks, even if the case was dismissed or resulted in no penalty.
So, while Delaware does not offer a distinct sealing process, the concept of limiting public visibility is effectively handled through expungement—but only for qualifying cases.
Governor’s Pardon and Its Role in DUI Expungement
For individuals with a DUI conviction in Delaware, the only potential path to expungement begins with receiving a pardon from the Governor. A pardon does not erase the conviction automatically, but it may allow someone to become eligible for an expungement they otherwise could not obtain.
The pardon process is handled by the Delaware Board of Pardons, and it includes several steps:
- Application submission
- Notice to relevant parties
- Public hearing
- Board recommendation
- Final approval or denial by the Governor
Receiving a pardon is not guaranteed, and the process can take many months or even years. The board considers factors such as time since the offense, behavior since conviction, rehabilitation efforts, and community impact.
If a pardon is granted, the individual may then petition the court for expungement of the DUI record. Even then, the expungement is subject to approval and not automatic. This two-step requirement makes clearing a DUI conviction in Delaware a complex and difficult process.
Practical Impact of an Expunged DUI in Delaware
For those who are able to expunge a DUI—typically only if the case was dismissed or after receiving a pardon—the benefits can be significant. An expunged record is removed from most public and private background checks, which can improve access to employment, housing, licensing, and other opportunities.
However, an expunged DUI may still be visible to:
- Law enforcement agencies
- Certain government or military entities
- Courts (if related legal matters arise in the future)
It’s also important to note that driving records are not automatically cleared by criminal expungement. The Delaware DMV may still retain DUI entries, which can affect insurance or eligibility for commercial driving licenses. In short, expunging a DUI conviction from your criminal record does not necessarily erase all traces of it from administrative systems.
Still, for individuals eligible for expungement, going through the process can reduce the long-term effects of a DUI, especially when it comes to job searches or background checks in sensitive industries.
Steps to Start the Expungement Process in Delaware
If you believe you may be eligible to have a DUI record expunged in Delaware, the first step is to review your case outcome. If the case ended in dismissal, acquittal, or nolle prosequi, you may qualify for an expungement under Delaware’s laws for non-conviction records.
Here’s a basic overview of the process:
- Request a Criminal History Report – Obtain your criminal record through the Delaware State Bureau of Identification (SBI) to confirm details.
- Determine Eligibility – Review the disposition of the case and compare it with the state’s expungement eligibility rules.
- File the Petition – Submit an expungement petition to the appropriate court or agency. This may require legal assistance or forms available through the SBI or state courts.
- Attend Hearings (if applicable) – Some expungements require a hearing, especially if discretionary approval is needed.
- Receive Confirmation – If granted, you’ll receive official notice that your record has been expunged and removed from public databases.
For those seeking expungement after a DUI conviction, the first step is applying for a Governor’s Pardon, which is a separate and more involved process.
FAQ Section
Can a DUI be expunged in Delaware?
Only under specific circumstances. If the case was dismissed or ended in a not guilty verdict, expungement may be possible. Convictions require a governor’s pardon first.
What’s the difference between expungement and sealing in Delaware?
Delaware uses expungement as the process to remove or hide records. There is no separate sealing procedure under current state law.
Can a DUI conviction ever be removed from my record?
Not through standard expungement. If you were convicted, the only potential option is to receive a governor’s pardon and then petition for expungement.
How long does it take to get a DUI expunged?
The expungement process can take several months. If a pardon is required first, the entire process may take a year or longer.
Does an expunged DUI affect my driving record?
No. An expungement clears the criminal record, but the DUI may still appear on your driving history, which can impact insurance and licensing.
Who can see an expunged record?
Most employers and background check agencies cannot see expunged records. However, law enforcement and certain government entities may still have access.
Is expungement automatic after a dismissal?
No. Even if your DUI case is dismissed, you must file a petition to have the record expunged—it will not happen automatically.
Conclusion
In Delaware, expunging or sealing a DUI is a limited and case-specific process. While some individuals may qualify for expungement if their case was dismissed or resolved without a conviction, most DUI convictions are not eligible unless a governor’s pardon is first obtained. Even then, the process involves multiple steps and official approval. Delaware’s strict laws mean that for many people, a DUI remains a visible part of their record for life—though its impact may diminish over time.
To better understand how DUI records affect your long-term legal visibility, visit: DUI Records And Long Term Impact.
For details on how long a DUI stays on your record, read: How Long a DUI Stays on Your Record.