Delaware Clean Slate: Broad Expungement Eligibility and How It Works
Delaware has mandatory expungement — if you qualify, the court must grant it. Learn eligibility under Title 11 Del. Code § 4371, waiting periods, and how to file in 2026.
Delaware's expungement law has one feature that almost no other state offers, and it deserves to be stated plainly: if you may be eligible for mandatory expungement in Delaware, the court must grant it. There is no judicial lottery. The judge does not get to weigh whether you seem sufficiently rehabilitated or whether granting expungement sits well with their sense of justice that day. If the legal requirements are met, the court must grant it. That distinction — mandatory versus discretionary — is one of the most important things you can understand about any state's expungement law.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Delaware's two-track expungement system
Delaware uses two tracks: mandatory expungement and discretionary expungement. Understanding which track your case falls into is the first step.
Mandatory expungement applies to most misdemeanor convictions and to arrests that did not result in conviction. If you meet the eligibility criteria and waiting period, the court must grant the expungement. Period. The prosecutor can object that you do not meet the legal requirements, but they cannot simply argue that you are unworthy of relief if the legal boxes are checked.
Discretionary expungement applies to non-violent felony convictions. Here, the court weighs the petition in the interest of justice. Your history, your rehabilitation, and the nature of the offense all matter. The court can grant or deny. This is more like what most states offer for all expungements — a judge making a judgment call.
Automatic expungement — no petition needed
Delaware also provides for automatic expungement in two situations:
First, arrests that did not result in conviction — including acquittals, dismissals, and cases where charges were never filed — are automatically expunged. You do not have to petition. The state is supposed to handle this without your involvement.
Second, charges resolved through certain diversion programs — where you completed the program and the underlying charge was dismissed — are automatically expunged upon successful program completion.
In practice, "automatic" does not always mean immediate or perfect. If you had a non-conviction case and the record has not been expunged, or if you completed a diversion program and the charge still appears, you can file a petition to ensure the expungement happens.
Who qualifies — and who does not
May qualify
- Most misdemeanor convictions — mandatory expungement after 3 years
- Non-violent felony convictions — discretionary expungement after 5 years
- Arrests with no conviction — automatic expungement upon case resolution
- Charges dismissed or acquitted — automatic expungement
- Diversion program completions — automatic expungement of the underlying charge
- Juvenile records (separate process under Delaware juvenile code)
- Marijuana-related misdemeanors (broadened under Delaware cannabis reform)
Generally does not qualify
- Violent felonies (specific list in Title 11)
- Sex offenses requiring registration on the sex offender registry
- Murder and manslaughter
- Rape and serious sexual assault
- Felony drug trafficking (manufacturing/distribution)
- Child abuse and exploitation offenses
- Any offense designated a "Title 11 Serious Felony"
- Any case with pending charges or active probation
Delaware's list of excluded offenses is detailed. If your felony conviction is not on the excluded list and it is non-violent, it may qualify for discretionary expungement. Review the specific statutory exclusions at delcode.delaware.gov.
Waiting periods in Delaware
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor (mandatory expungement)
Clock starts: Date sentence completed (probation, fines, all conditions)
If eligible, the court must grant expungement — no judicial discretion to deny.
Non-violent felony (discretionary expungement)
Clock starts: Date sentence completed
Court has discretion to grant or deny based on interest of justice. Not mandatory.
Arrest with no conviction (automatic)
Clock starts: Date charges dropped, dismissed, or acquittal entered
Automatically expunged under Delaware law. No petition required.
Diversion program completion (automatic)
Clock starts: Date of successful diversion completion
Automatic expungement of the underlying charge upon completing a diversionary program.
No filing fee in Delaware
Like Minnesota and a handful of other states, Delaware does not charge a filing fee for expungement petitions. This is a deliberate policy choice: the state recognizes that the people most likely to need expungement are often the people least able to pay filing fees. Removing the fee removes one of the most common practical barriers.
You will still have some costs: ordering your criminal history report ($25–$50), copying documents, and mailing things with certified mail. But the court filing itself is free.
How to file in Delaware
The process varies slightly depending on whether your conviction is a misdemeanor (Court of Common Pleas) or a felony (Superior Court). Both follow similar steps.
How to file your expungement petition in Delaware
- 1
Confirm your eligibility
1–2 daysFreeNot all offenses are eligible in Delaware. Review your specific charges against Delaware's eligibility rules. If your offense is a misdemeanor and you meet the waiting period, you are likely eligible for mandatory expungement. Felonies require a separate analysis. Serious violent crimes and sex offenses are categorically excluded.
Delaware courts have a public case search at courts.delaware.gov. Review your records to confirm what charges and dispositions appear.
- 2
Order your Delaware criminal history
1–2 weeks$25–$50Request your official Delaware criminal history from the Delaware State Police. This document shows every Delaware arrest, charge, and conviction on your state record. You need it to verify your charges, conviction dates, and sentence completion dates.
Request from the Delaware State Police at dsp.delaware.gov. Processing times vary — request early.
- 3
Get your court records
1–3 daysVaries, usually $5–$20 for copiesLocate the relevant case records from the court where your case was heard. For misdemeanors, that is likely the Court of Common Pleas. For felonies, it is the Superior Court. You need the case number, conviction date, offense, and proof of sentence completion.
Courts.delaware.gov has public case access. For certified copies, you need to request them from the clerk in person or by mail.
- 4
Obtain the expungement petition form
15 minutesFreeDownload the current Delaware expungement petition form from courts.delaware.gov. Delaware has standardized forms for expungement petitions. Make sure you are using the current version — forms are updated when the law changes.
Delaware has different forms depending on whether you are seeking mandatory misdemeanor expungement or discretionary felony expungement. Use the correct one.
- 5
Complete the petition fully
30–60 minutesFreeFill out all required fields: your full name, date of birth, address, case number, conviction date, the charge with the Delaware Code reference, sentence completion date, and the type of expungement you are seeking (mandatory or discretionary). Incomplete petitions are returned.
- 6
File your petition — no filing fee
1 dayNo filing feeDelaware does not charge a filing fee for expungement petitions. Take your completed petition and supporting documents to the clerk of the court where your case was heard. The clerk will accept your petition and assign a case number.
Delaware's no-fee policy is a significant feature of the state's expungement law. You will still have minor costs for obtaining records, but the court filing itself is free.
- 7
State Bureau of Identification is notified
2–4 weeksNothingThe court notifies the State Bureau of Identification (SBI), which is part of the Delaware State Police, of your petition. The SBI may run a current records check. The state attorney general's office also receives notice.
- 8
Hearing or administrative review
30–60 minutes if hearingNothingFor mandatory misdemeanor expungements, the court may grant the petition on the papers without a formal hearing if the requirements are clearly met. For discretionary felony expungements, a hearing is typically scheduled.
For discretionary felony expungements, bring documentation of rehabilitation: employment history, letters of support, completed treatment programs, community service.
- 9
Order entered — records expunged
4–8 weeks for agency complianceNothingWhen the court grants expungement, the order directs all agencies — the court, SBI, arresting agencies — to expunge the records. Delaware's expungement means the records are actually removed, not just sealed. Keep certified copies of the order.
Run a background check on yourself 2–3 months after the order to confirm all agencies have complied. Dispute any records that still appear.
- Delaware State Police criminal history (dsp.delaware.gov) — $25–$50
- Court records showing conviction date, charge with Delaware Code reference, sentence completion date
- Completed expungement petition form (from courts.delaware.gov)
- Proof of sentence completion — probation termination letter, fine payment receipt, supervision discharge paperwork
- Government-issued ID
- Two copies of all documents
Delaware does not charge a filing fee. Bring two copies of everything — the clerk will file stamp one and return the other to you as your proof of filing.
What Delaware expungement actually does
Delaware's expungement is actual removal of records — not just sealing. When your expungement is granted, the records are purged from the state criminal history database, the court's records, and the records of the arresting agency. You may legally deny that the arrest and conviction occurred in most contexts.
- Federal records (FBI, federal agencies) are unaffected by Delaware expungement.
- Law enforcement retains access to expunged records for criminal justice purposes.
- Some professional licensing boards may access expunged records for licensing decisions.
- Immigration consequences of the original conviction may remain under federal law.
- Federal employment and federal security clearance applications — you may still be required to disclose.
For everyday purposes — employment, housing, most credit applications — Delaware expungement removes the record from the databases that actually get checked. The federal carve-outs affect a small fraction of people.
Free and low-cost legal help in Delaware
- Community Legal Aid Society (CLASI) — free civil legal help for income-eligible Delawareans statewide. clasi.org or call 302-575-0660.
- Legal Services Corporation of Delaware — free legal services for low-income residents. lscd.com.
- Delaware Volunteer Legal Services — pro bono legal assistance. dvls.org.
- Delaware Courts Self-Help Center — forms and information at courts.delaware.gov/SelfHelp.
- Delaware State Bar Association Lawyer Referral Service — dsba.org — first consultation often low-cost.
- Governor's Commission on Criminal Justice — may have resources for expungement navigation.
CLASI has experience specifically with expungement matters in Delaware. Call to ask whether your case is the type they handle.
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