Can a DUI be expunged in Delaware?
Delaware allows a DUI conviction to be cleared by expungement, on conditions the statute sets. Automatic for some records, by petition for others. The licensing agency keeps the DUI on the driver record either way.
A DUI conviction is the offence most often written out of a state's expungement law. Where relief exists at all it usually arrives with a waiting period, a one-time limit and a list of disqualifiers, and clearing the court record is not the same as clearing the record the licensing agency keeps. The rules below are Delaware's own, each quoted from the statute or the agency that holds the record.
Also called: mandatory expungement; discretionary expungement; automatic expungement; discretionary expungement following a pardon.
Whether a DUI can be cleared at all
| What the relief is called | expungement |
|---|---|
| A DUI conviction | Can be cleared, on conditions |
| Waiting period | not stated as a fixed period |
| How it is obtained | Automatic for some records, by petition for others |
Driving under the influence is a Title 21 offense, and 11 Del. C. § 4372(f)(2) states that Title 21 offenses are not eligible for expungement except as § 4374(i) provides. Section 4374(i)(2) lists the only Title 21 offenses that may be expunged — driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death — and driving under the influence is not among them. The one remaining route is 11 Del. C. § 4375, which allows a person unconditionally pardoned by the Governor to seek a discretionary expungement.
“(2) Except as otherwise provided under § 4374(i) of this title, offenses under Title 21, or their equivalent, are not eligible for expungement.”
The driving record is a separate record
This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.
Not cleared. Under 21 Del. C. § 4177B, when a person completes the first offender election the court discharges the person and the proceedings against them, but the court must send the Division of Motor Vehicles a written report naming the person and the nature of the proceedings, and the Division retains that report for further proceedings if required. Section 4177B(e)(1)c. counts participation in that program as a prior offense regardless of the existence or validity of any accompanying plea or adjudication of guilt.
“b. Submit to the Division of Motor Vehicles a written report specifying the name of the person and the nature of the proceedings against the person. (2) The Division of Motor Vehicles shall retain the report issued under paragraph (c)(1)b. of this section for further proceedings, if required.”
What else sits on that record: suspensions and points in Delaware.
How long the wait is, and from when
No waiting period is stated for the pardon route in 11 Del. C. § 4375, which turns on the Governor granting an unconditional pardon rather than on time passing. The ordinary periods in § 4373 — three years after conviction for a violation, five years after a misdemeanor conviction, ten years for the listed felonies — do not reach a Title 21 offence such as driving under the influence.
“a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the procedures under § 4374(c) through (h) and (j) of this title.”
Automatic or by petition
11 Del. C. § 4373A directs the State Bureau of Identification, beginning August 1, 2024, to identify each month the cases eligible for mandatory expungement and expunge them without a filing. Only cases already eligible under § 4373 qualify, and the Title 21 exclusion in § 4372(f)(2) keeps a driving-under-the-influence case outside that set. Petition routes remain under § 4374 for discretionary expungement and § 4375 after a pardon.
“(b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 4372(e)(2) of this title to expunge the eligible records.”
Where it is filed, and what it costs
| Filed with | the Superior Court, after an unconditional pardon by the Governor; the State Bureau of Identification handles mandatory and automatic expungements for cases that qualify |
|---|
11 Del. C. § 4374(e) requires a copy of the petition to be served on the Attorney General, who may answer within 120 days, and requires the petitioner to attach their criminal history as maintained by the State Bureau of Identification; a petition without that history is summarily rejected. Under § 4374(f) the petitioner must prove manifest injustice by a preponderance of the evidence. Section 4374(j) states that the Superior Court and Family Court set their own fee schedule for these petitions.
“The Superior Court and Family Court shall establish a reasonable fee schedule for the filing of a petition of expungement under this section.”
Whether a cleared DUI still counts as a prior
21 Del. C. § 4177B(e)(2)a. states that for the second-offense sentencing tier the second offense must have occurred within 10 years of a prior or previous offense, while § 4177B(e)(2)b. states there is no time limitation for the higher tiers and all prior offenses must be considered. Section 4177B(e)(1)c. counts participation in a course of instruction or rehabilitation program as a prior offense regardless of the existence or validity of any accompanying plea or adjudication of guilt.
“a. For sentencing under § 4177(d)(2) of this title, the second offense must have occurred within 10 years of a prior or previous offense. b. For sentencing under § 4177(d)(3), (d)(4), (d)(5), (d)(6), (d)(7), (d)(8), or (d)(9) of this title, there is not a time limitation”
The statute: 11 Del. C. § 4374(i)
“the law-enforcement agency records and the court records relating to any charge under Title 21 … may not be expunged under this subchapter unless the charge is one of those specifically enumerated in paragraph (i)(2) of this section. (2) … a. Driving after judgment prohibited, under § 2810 of Title”
Questions about clearing a DUI in Delaware
- Can a Delaware DUI conviction be expunged?
- 11 Del. C. § 4372(f)(2) states that offenses under Title 21 are not eligible for expungement except as § 4374(i) provides, and § 4374(i)(2) lists only driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death. Driving under the influence is not on that list. Under 11 Del. C. § 4375, a person unconditionally pardoned by the Governor may request a discretionary expungement.
- Does Delaware's automatic expungement law reach a DUI?
- 11 Del. C. § 4373A directs the State Bureau of Identification, from August 1, 2024, to identify and expunge cases eligible for mandatory expungement each month without a filing. Only cases eligible under § 4373 qualify, and the Title 21 exclusion in § 4372(f)(2) keeps a driving-under-the-influence case outside that set.
- Does completing the first offender election clear the driving record?
- No. Under 21 Del. C. § 4177B(c), the court discharges the person and the proceedings, but sends the Division of Motor Vehicles a written report naming the person and the nature of the proceedings, and the Division retains that report for further proceedings if required. Section 4177B(e)(1)c. counts that participation as a prior offense for later sentencing.
Sources
Cite this page
Every state page quotes the statute or agency page each value comes from; when citing this page, include the verification date shown above.
WheelsBack. "DUI expungement and record sealing in Delaware." Verified against primary sources August 29, 2026; sources re-checked September 4, 2026. https://wheelsback.com/delaware/dui-expungement/