• Delaware allows some conviction to be expungedHi Detail Fingerprint 2 image by Andrew Brown from Fotolia.com
  
  A criminal record can be an obstacle for anyone applying for employment, enrolling in school, joining the military and in a wide range of other situations. Delaware law allows defendants in certain situations to petition the court for expungement of their criminal record. In some instances the expungement is mandatory while in others the court has the discretion to grant the expungement or deny the request.
  
  

Aquittal or Nolle Prosequi

• If a criminal case is terminated by either an acquittal or by a nolle prosequi (the state decides not to prosecute the case), then Delaware law allows the defendant to petition for expungement of all arrest and court records.
  
  

Mandatory Expungement

• Delaware law mandates that if a defendant is arrested for most misdemeanors and the case is terminated in their favor by either an acquittal or a nolle prosequi and the defendant has not previously or subsequently been convicted of another offense, then the request for an expungement of the arrest and courts records must be granted. Exceptions to the mandatory expungement for misdemeanors are listed in the Delaware Code Title 11, Chapter 43, Section 4373(c).
  
  

Discretionary Expungement

• If a defendant's case was terminated in their favor, but the charge or charges do not qualify for a mandatory expungement, they may petition the court for expungement and the court has discretion whether or not to grant the expungement.
  
  

Probation and First Offender

• A case that has been resolved by probation in Delaware may also qualify to be expunged if probation was successfully completed and at least five years have passed since the discharge from probation. Likewise, a defendant that completed the First Offender Substance Abuse program successfully may apply for an expungement after two years have passed since the successful completion of the program and any term of probation required to be completed.