Felonies, Misdemeanors, and Violations in Delaware

The Delaware criminal code primarily classifies offenses into three categories based on severity and resulting punishment: felony, misdemeanor, and violation. Felonies constitute the most serious category of crimes, while violations make up the state's least severe class of offenses. The Delaware legislature further breaks down crimes and offenses into various classes. Judges apportion penalties for individuals found guilty of committing crimes per Delaware's Criminal Code. In summary, the state tries Delaware crimes based on this categorization. In addition to different types of criminal records, Delaware law provides statutes of limitations that restrict the time the state has to file charges.

What is a Felony in Delaware?

A felony in Delaware is any criminal offense that carries a minimum punishment of one year in prison. Felonies, by nature, represent the most severe types of crimes in the state; therefore, the penalties for these crimes exceed those for other categories, like misdemeanors or violations. Delaware has no capital punishment (the death sentence). As a result, the state code (Delaware Code § 11–4201) sets the maximum punishment for felonies at life imprisonment. Apart from imprisonment, penalties may include fines, restitution payments, probation, and other legal sanctions that the court or public organizations decide or set.

Delaware categorizes felonies into seven classes. Each class carries a range of presumptive sentences, and the judge imposes fines at their discretion, though they cannot exceed $500,000 if the felony did not result in a death. The state also imposes sentences by levels (I to V), which represent the degree of supervision or probation the convicted person will receive:

• Level I is the least restrictive and involves unsupervised probation
• Level II requires supervised probation.
• Level III mandates more intensive supervision
• Level IV involves split sentencing, house arrest, or placement at a state treatment center
• Level V requires the offender to serve a prison term.

All felony sentences in Delaware must be served at Level V.

The classes of felonies in Delaware, along with their maximum penalties, include the following:

• Class A felonies - Crimes under this category incur the most severe punishment, 15 years to life imprisonment.
• Class B felonies - From 2 years to 25 years imprisonment
• Class C felonies - Maximum of 15 years imprisonment
• Class D felonies - Maximum of 8 years imprisonment
• Classes E felonies - Maximum of 5 years imprisonment
• Class F felonies - Maximum of 3 years imprisonment
• Class G felonies - This is the least severe category. It also covers crimes that were classified as felonies but remained uncategorized by law. The maximum jail term is 2 years.

From Class B to Class G, crimes in each category may be further classified into nonviolent (FBN) and violent (FBV). Delaware designates felonies using the following acronyms:

• FAV (Felony, Class A, Violent)
• FBV (Felony, Class B, Violent)
• FBN (Felony, Class B, Nonviolent)
• FDN (Felony, Class D, Nonviolent)
• FFV (Felony, Class F, Violent)
• FFN (Felony, Class F, Nonviolent).

Furthermore, violent felonies have 24 months of probation, drug felonies 18 months, and all other offenses 12 months.

What are some examples of felonies in Delaware?

Felonies are the most serious category of crimes in Delaware. These offenses are categorized from Class A to G, and examples include:

Class A felonies

• First-degree murder
• Second-degree murder
• First-degree rape
• Kidnapping in the first degree

Class B felonies

• Manslaughter
• Second-degree rape
• First-degree arson
• Theft over $100,000.00
• First-degree robbery

Class C felonies

• First-Degree Arson
• Fourth-Degree Rape
• First-Degree Vehicular Homicide
• Second-Degree Kidnapping
• Second-degree assault
• Second-degree burglary

Class D felonies

• Possession of a firearm by a person prohibited
• Burglary in the third degree
• Theft of property valued between $1,500 and $50,000

Class E felonies

• Forgery in the second degree
• Insurance fraud
• Certain cases of child pornography offenses

Class F felonies

• Identity theft
• Unlawful use of a credit card (over $1,500)
• Assault in the third degree (with aggravating circumstances)

Class G felonies

• Issuing a bad check (over $1,500)
• Unlawful imprisonment in the first degree
• Certain lower-level drug offenses.

Can I get a Felony Removed from a Court Record in Delaware?

Delaware law sets specific conditions for an individual to expunge a felony record from the courts, law enforcement agencies, or the State Bureau of Identification databases.
An individual qualifies for felony expungement if one of the following events occurs regarding the charges:

• The court acquits the individual of all charges.
• The plaintiff or prosecutor enters a nolle prosequi (voluntarily dismissing all charges related to the case).
• The court discharges the individual from probation after they meet all the conditions for probation.
• The court acquits the individual of some charges, and the authorities dismiss the remaining charges.

Beyond the case disposition, the individual must also meet several other criteria:

• The individual has no pending criminal charges
• The individual finishes serving the sentence and pays all fines
• The individual has not previously expunged a prior felony conviction
• The individual must not have had any subsequent or prior conviction for at least seven years following the date of the felony conviction or the day of release, whichever date is later
• The felony conviction was not for a crime listed in (Delaware Code § 11–4201(c)) or a sexual or physical assault crime.

Delaware law lists certain crimes in § 11–4201(c) that an individual cannot expunge, including but not limited to the following:

• Aggravated menacing
• Conspiracy
• Drug dealing and aggravated possession of controlled substances
• First- and second-degree abuse
• First- and second-degree arson
• First- and second-degree assaults
• Hate crimes
• Kidnapping
• Manslaughter and criminally negligent homicide
• Rape, bestiality, and sexual extortion
• Robbery and burglary (both first and second degree)
• Stalking
• Strangulation
• Vehicular assaults and homicide.

Individuals who the authorities pardon for certain felonies may also qualify for expungement, but eligibility depends on the nature of the crime.

Is Expungement the same as Sealing Court Records in Delaware?

In Delaware, the term "expungement" essentially achieves the same result as sealing records. The Delaware expungement law defines expungement as the destruction, segregation, or removal of any form of records from public view.
Once a court issues an expungement order and notifies all agencies that maintain the related records, they must either destroy any electronic or physical record related to the specific case or place it in the custody of the State Bureau of Identification (SBI). These records will no longer be public. However, authorized entities (primarily prosecuting and law enforcement agencies) will have access to them.
Moreover, the law does not mandate an individual to reveal information about any expunged arrest, charge, or conviction. The only exception requires the individual to disclose the information when applying for certain jobs, to law enforcement agencies, or to an officer who investigates a crime.

How Long Does a Felony Stay on Your Record in Delaware?

A record of arrest, criminal charges, or conviction in Delaware stays indefinitely on a record unless the owner petitions for expungement and the court issues an expungement order. Following the court's order, custodian agencies must remove the records from their public databases within 60 days.

What is a Misdemeanor in Delaware?

In Delaware, misdemeanors are criminal offenses that result in not more than one year of imprisonment. These offenses are less serious than felonies but more severe than violations. Hence, the penalties for misdemeanors are also less harsh than those for felonies, but higher than the punishment for violations. In addition to imprisonment, the penalties for misdemeanors may include restitution, fines, probation, or other legal sanctions.
Delaware law categorizes misdemeanors into three types:

• Class A
• Class B
• Unclassified misdemeanors.

Similar to felonies, the courts also impose sentences for misdemeanors based on offense levels (I to V). Each class carries a range of possible sentences in terms of jail time and fines. The classes of misdemeanors in Delaware, along with their penalties (excluding those set by organizations), include:

• Class A Misdemeanors - This class represents the most serious misdemeanor offenses. Prison terms for Class A misdemeanors may extend up to 1 year, in addition to fines of up to $2,300. Organizational fines for Class A misdemeanors may not exceed $250,000 if the offense results in physical injury and may not exceed $100,000 if it does not
• Class B Misdemeanors - The penalties for these types of offenses are less than those for Class A misdemeanors; the maximum prison term is six months, and fines must not exceed $1,150. The maximum organizational fine is $75,000 if the offense results in physical injury, and $50,000 if it does not.
• Unclassified Misdemeanors - This refers to any crime Delaware does not designate as a felony, Class A misdemeanor, Class B misdemeanor, or violation. The state may designate such a crime as an environmental misdemeanor or environmental violation. Penalties for unclassified misdemeanors in Delaware follow the specifics outlined by the law. If the law leaves the penalties unspecified, incarceration should not exceed 30 days, and fines should not be above $575.00. Organizational fines remain the same as those for Class B misdemeanors.

Additionally, in a municipality with a population of over 50,000 people, any offense that the authorities classify as a misdemeanor under sanitation, housing, building, or health code includes the following fines:

• First conviction results in a $250 to $1,000 fine
• Second conviction of the same crime incurs a $500.00 to $2,500.00 fine
• Subsequent convictions after the second offense result in a $1,000.00 to $5,000.00 fine.

What are some examples of Misdemeanors in Delaware?

Examples of misdemeanor crimes in Delaware include:

• Prostitution
• Resisting arrest
• Simple assault
• Criminal nuisance
• Making a false report
• Vandalism
• Possessing a gambling device
• Violating a restraining order
• Disorderly conduct (first offense)
• Burglary
• Petty theft/shoplifting.

Can I Get a Misdemeanor Removed from a Record in Delaware?

Yes, Delaware allows the removal of certain criminal records by expungement. In Delaware, there is automatic expungement of misdemeanor records for misdemeanors that result in dismissal, acquittal, or no-prosecution. Additionally, a misdemeanor record may be eligible for removal under Delaware's expungement law if the owner does not have any previous convictions and observes a 3 to 5-year waiting period.

The court, by its discretion, may also grant the removal of misdemeanor records if:

• The offense is not violent
• The offender completes the sentences for the offense (including probation, fines, or restitution)
• The individual is crime-free for a certain number of years
• The judge finds that keeping the record causes more harm to the individual than benefit to society
• The offender was unconditionally pardoned for non-violent or non-sex-related offenses.

Individuals intending to remove their misdemeanor records can consult the Delaware State Bureau of Identification or a legal professional to determine their eligibility.

Misdemeanors relating to domestic violence, sex offenses, or crimes against children are ineligible for removal.

Can a DUI Be Expunged in Delaware?

No, Delaware law does not provide statutory provisions for expungement of DUI convictions. However, individuals may obtain non-conviction expungement for DUI records under sections 4372 (b) and 4374 (h) of the Delaware expungement law. Additionally, the Delaware Division of Motor Vehicles keeps DUI convictions on an individual’s driving record for a minimum of five years.

What constitutes a Violation in Delaware?

Title 11, § 4203 of the Delaware state code defines violations as offenses declared as violations in the criminal code or statute. This excludes crimes that are classified as felonies or misdemeanors. The punishments for violations are the least severe under the Delaware Criminal Code. Penalties for violations may be fines, costs, and restitution.
For a first offense, the court may levy a fine up to $345; the limit increases to $690 for a second offense of the same crime and $1,150 for a third. Subsequent offenses that occur within five years of previous sentences may incur higher fines. Additionally, the judge may impose up to one year of Level I probation, and organizational fines cannot exceed $10,000.

What Are Some Examples Of Violations In Delaware?

Delaware law classifies several minor crimes as violation offenses. Examples of violation offenses in Delaware include:

• Public intoxication (first offense)
• Failure to register out-of-state liquor agents
• Loitering
• Obstructing public passages
• Engaging in a crap game
• Maintaining an obstruction (first offense).

Can Violations be Expunged from a Delaware Criminal Court Record?

Yes, Section 4373 (a) of Delaware's expungement permits the expunction of violation records. A person qualifies for expungement if they have no previous records for violations or subsequent convictions within the three years that pass since the last conviction for the same offense. Individuals without previous convictions can also expunge violation and misdemeanor records 5 years from the date of their convictions.

What is Deferred Adjudication in Delaware?

Delaware does not use the term “deferred adjudication” the same way some states do. In Delaware, deferred adjudication is comparable to the state's court-managed and prosecutor-managed diversionary options, including Probation Before Judgment and other pretrial diversion/deferral programs. These accomplish the same results as deferred adjudication, which is the court withholding a final finding of guilt (often after a plea of guilty or nolo contendere). Completing these programs may result in case dismissal and eligibility for record expunction or non-disclosure.
Eligibility for Prosecution Before Judgment varies with specific programs. However, the common affirmative requirements for Delaware's Probation Before Judgment (PBJ), Accelerated Rehabilitative Disposition-style programs, or the Delaware State Attorney’s Office Deferred Prosecution Agreement (DPA) include the following:

• The individual must be a first-time offender
• The crime must be an eligible offense
• The state and offender must consent
• The offender must agree to supervision.

Prosecutors and courts generally screen out individuals who pose a public-safety risk or those who the state charges with violent or serious offenses.

Types of Crimes Eligible for Deferred Adjudication in Delaware

Delaware's Probation Before Judgment programs are applicable to low-level, non-violent offenses and for first-time offenders. The purpose of this is to give individuals who made mistakes the opportunity to avoid convictions through rehabilitation. Offenses eligible for PBJ programs in Delaware include non-violent and non-sexual violations such as:

• Petty theft and shoplifting
• Disorderly conduct/minor breach of peace
• Simple assault (non-domestic, no serious injury)
• Minor property crimes
• Certain traffic violations (DUI/DWI offenses are not eligible).