Delaware Criminal Defense Laws

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

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

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

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.

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.

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.

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).