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DUI Expungement in Delaware

Individuals convicted of driving under the influence in Delaware may expunge his or her driving under the influence conviction. Yet, Delaware instituted specific criteria an individual must follow to erase a driving under the influence offense. Specifically, Delaware only allows first time offenders to expunge his or her driving under the influence offense. Additionally, individuals possess a clean driving record as well as not injury anyone while driving under the influence. Strict requirements must be completed to receive an expunged record in Delaware.

Basically, an individual guilty of driving under the influence can only expunge a driving under the influence offense if the individual was a first time offender. Additionally, a first time offender must possess a clean driving record. Also, the driving under the influence offense must not have resulted in an accident or death of another individual. However, an individual guilty of driving under the influence causing injury to him or herself will not eliminate a person’s ability to expunge his or her driving under the influence offense. Further, the driver must possess a valid driver’s license that has not been suspended or revoked.

Delaware requires first time offenders to enter an alcohol education program and successfully complete the program. An individual failing the program will not receive a expunge record. Rather, failing the alcohol education will result in a guilty sentence to the driver without the ability to refute his or her sentence. Also, first time offenders must not possess a blood alcohol concentration above .15 to receive a expunge record. Further, the driver guilty of driving under the influence must not be subjected to enhanced penalties.

The State of Delaware allows first time offenders to expunge a driving under the influence conviction. Additionally, all first time offense must possess a clean driving record, valid driver’s license, and successfully complete an alcohol education program. First time offenders must not cause injury to any other individual or death while he or she was driving under the influence. The absence of any element will not allow an individual to expunge a driving under the influence offense.


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