Delaware law

Criminal Defense Laws in Delaware.

Delaware classifies criminal offenses into felonies (classes A through G), misdemeanors (classes A through C), and violations. Murder and class A felonies have no statute of limitations. Delaware has robust expungement laws including a Clean Slate Act that took effect in 2024, providing automatic expungement of eligible records.

Last verified: 2026-02-25

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State law

Statute of Limitations

No limit for murder/class A felonies; 5 years for other feloniesDel. Code Ann. tit. 11, § 205

Murder and class A felonies have no statute of limitations. Other felonies must be prosecuted within 5 years. Class A misdemeanors have a 3-year limit, while class B and C misdemeanors and violations have a 2-year limit.

Exceptions

DNA Evidence Extension — 10 years from commission of offenseDel. Code Ann. tit. 11, § 205(e)

If the standard limitation period has expired, prosecution may still be commenced within 10 years if based upon forensic DNA testing.

Class A Misdemeanors — 3 yearsDel. Code Ann. tit. 11, § 205(b)

Prosecution for a class A misdemeanor must be commenced within 3 years after it is committed.

Class B/C Misdemeanors and Violations — 2 yearsDel. Code Ann. tit. 11, § 205(c)

Prosecution for class B misdemeanors, class C misdemeanors, unclassified misdemeanors, or violations must be commenced within 2 years.

State law

Key Delaware Statutes

Felony Classification and SentencingDel. Code Ann. tit. 11, § 4205

Delaware uses seven felony classes (A through G). Class A felonies carry life imprisonment. Class B: 2-25 years. Class C: up to 15 years. Class D: up to 8 years. Class E: up to 5 years. Class F: up to 3 years. Class G: up to 2 years.

Mandatory Expungement (Clean Slate)Del. Code Ann. tit. 11, § 4373

Delaware's Clean Slate Act (effective August 2024) provides automatic expungement for eligible records. Violations are eligible after 3 years, misdemeanors after 5 years, and certain felonies (class G drug offenses) after 5 years without subsequent convictions.

Discretionary ExpungementDel. Code Ann. tit. 11, § 4374

For offenses not eligible for mandatory expungement, individuals may petition the court for discretionary expungement. Misdemeanors may be eligible after 3-7 years and felonies after 7 years without prior or subsequent convictions.

DUI PenaltiesDel. Code Ann. tit. 21, § 4177

Delaware's BAC limit is 0.08% (0.04% for commercial vehicles). A first DUI offense carries a fine of $230-$1,150 and/or up to 6 months imprisonment, plus mandatory alcohol evaluation. License revocation is at least 30 days (45 days if BAC is 0.15% or greater).

State law

Official Sources

Delaware Code Online Delaware Courts - Expungement

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

Criminal Defense Laws in Delaware.

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Statute of Limitations

Key Delaware Statutes

Official Sources

Not Legal Advice

Other state law topics.