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 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. The current state data also ties the conviction-based paths to offense-class-specific waiting periods.
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
- 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)
- 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.
Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.
Waiting periods in Delaware
The clock starts on the date shown below — not your arrest date.
Arrest without conviction
Clock starts: After dismissal or acquittal
If eligible, the court must grant expungement.
Arrest with no charges filed
Clock starts: Date of arrest
Confirm the current non-conviction filing window before you petition.
Violation or Class C misdemeanor
Clock starts: Date sentence completed
Delaware uses offense-class-specific waiting periods for conviction-based relief.
Class A/B misdemeanor
Clock starts: Date sentence completed
This is the longer misdemeanor track in the current state data.
Non-violent felony
Clock starts: Date sentence completed
Felony relief is discretionary, not automatic.
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
Confirm your eligibility
1–2 days • FreeOrder your Delaware criminal history
1–2 weeks • $25–$50Get your court records
1–3 days • Varies, usually $5–$20 for copiesObtain the expungement petition form
15 minutes • FreeComplete the petition fully
30–60 minutes • FreeFile your petition — no filing fee
1 day • No filing feeState Bureau of Identification is notified
2–4 weeks • NothingHearing or administrative review
30–60 minutes if hearing • NothingOrder entered — records expunged
4–8 weeks for agency compliance • Nothing- 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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