Clearing a DUI From Your Record in Delaware

No. Offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except a few listed Title 21 offenses (driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death) that may be considered for discretionary expungement.

Mandatory expungement is requested from the State Bureau of Identification (several eligible cases can be combined in one application), and SBI also processes eligible cases automatically. Discretionary expungement requires a petition to the Family Court (if all charges were in Family Court) or otherwise the Superior Court in the county where the most recent case ended, with a copy of the person's SBI criminal history attached; petitions without it are rejected. The petitioner serves the Attorney General, who has 120 days to object and must contact any victim. Petitions are usually decided without a hearing; the court grants expungement if the petitioner proves that keeping the record would cause a manifest injustice. All fines, fees and restitution must generally be paid, and the person cannot be on probation, parole or incarcerated or have pending charges.