Delaware · DUI · Checked October 2026
Can a DUI Be Expunged in Delaware?
Can a DUI Be Expunged in Delaware?
Whether a DUI can come off your record in Delaware, and how long it counts against you.
- Expungement or sealing
- DUI convictions under 21 Del. C. § 4177 cannot be expunged; Delaware allows expungement of Title 21 offenses only for a short list that does not include DUI. A first offender who completes the first offenders election is discharged without a conviction, but the participation stays on the DMV record and counts as a prior offense
- Lookback period
- 10 years
Expungement or Sealing in Delaware
DUI convictions under 21 Del. C. § 4177 cannot be expunged; Delaware allows expungement of Title 21 offenses only for a short list that does not include DUI. A first offender who completes the first offenders election is discharged without a conviction, but the participation stays on the DMV record and counts as a prior offense.
Rules in Delaware
The first offenders election requires no prior offense, fewer than 3 moving violations in 2 years, no injury to another person, BAC under 0.15, a valid license, and no child passenger enhancement. It carries a 1-year license revocation, $250 prosecution costs, probation and a DUI course, and waives the administrative hearing.
How Long It Counts for Repeat Offenses in Delaware
10 years.21 Del. C. § 4177B(e)(1)-(2)
Official source: how long it counts for repeat offenses (Delaware)
More on DUI Law in Delaware
See the full overview of DUI laws in Delaware and read about how long a DUI stays on your record.
This page summarizes Delaware law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Delaware can advise on your case.
Frequently Asked Questions
Can a DUI Be Expunged or Sealed in Delaware?
DUI convictions under 21 Del. C. § 4177 cannot be expunged; Delaware allows expungement of Title 21 offenses only for a short list that does not include DUI. A first offender who completes the first offenders election is discharged without a conviction, but the participation stays on the DMV record and counts as a prior offense.