Kurt Busch could return to NASCAR after being cleared of domestic violence charges on Thursday.
The Delaware Department of Justice said it "would likely be insufficient to meet the burden of establishing beyond a reasonable doubt that Busch committed a crime," clearing him of criminal charges.
A Delaware family court ruled last month that Busch "committed an act of domestic violence" against ex-girlfriend Patricia Driscoll during a row at Dover International Speedway in September.
The court said Driscoll had "bruising and substantial and prolonged pain to her head, neck and throat," but the Delaware Department of Justice had the final say this week.
Busch was suspended by NASCAR indefinitely after the February 20 ruling and Regan Smith has driven his No. 41 Chevy during the suspension.