Delaware Expungement Laws: How to Clear or Seal a Criminal Record
How to expunge or seal a criminal record in Delaware: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.
Quick answers for Delaware
- What relief the state offers
- Delaware offers "expungement," meaning law-enforcement and court records of a case are destroyed, segregated or placed in the custody of the State Bureau of Identification and not released except as the law allows. 11 Del. C. §§ 4372(c)(4), 4373, 4373A, 4374, 4375
- Misdemeanor convictions
- Mandatory: a case with only violations qualifies three years after conviction; a case with misdemeanors (or misdemeanors and violations) qualifies five years after conviction if the person has no other convictions that bar expungement. 11 Del. C. §§ 4373(a)(1)b., (a)(2)a., (b); 4374(a)(1), (2), (4)
- Felony convictions
- Mandatory: certain listed felonies (such as miscellaneous drug crimes, maintaining a drug property, possession of burglar's tools, second-degree forgery and unlawful use of a payment card) qualify ten years after conviction or release, whichever is later, and drug possession under 16 Del. 11 Del. C. §§ 4372(f), 4373(a)(2)b.-c., 4374(a)(3), (b)
- Automatic (clean slate) relief
- Yes. Beginning August 1, 2024, the State Bureau of Identification must identify cases eligible for mandatory expungement each month and expunge them. 11 Del. C. § 4373A
Last verified: 2026-10-27
Who qualifies
| What relief the state offers | Delaware offers "expungement," meaning law-enforcement and court records of a case are destroyed, segregated or placed in the custody of the State Bureau of Identification and not released except as the law allows. There are two tracks: mandatory expungement (handled by SBI, and since August 1, 2024 done automatically each month for eligible cases) and discretionary expungement (by petition to the Superior Court or Family Court). A person pardoned by the governor may also seek discretionary expungement. Re-verified 2026-10-27. |
|---|---|
| Arrests and dismissed charges | A case "terminated in favor of the accused" qualifies for mandatory expungement, even if the person has other convictions, as long as all charges in the case are eligible. This includes acquittal on all charges, a nolle prosequi on all charges, dismissal of all charges, completion of probation before judgment followed by discharge, a mix of acquittals and dismissals, an arrest with no charges filed within one year, and cases seven or more years old with no recorded disposition (unless there is an active warrant or recent activity). A prosecutor may also petition to expunge an arrest record at the time of a dismissal or nolle prosequi. Re-verified 2026-10-27. |
| Misdemeanor convictions | Mandatory: a case with only violations qualifies three years after conviction; a case with misdemeanors (or misdemeanors and violations) qualifies five years after conviction if the person has no other convictions that bar expungement. Domestic violence crimes, offenses against children or vulnerable adults, and a long list of specific misdemeanors (for example, resisting arrest, hate crimes, indecent exposure, carrying a concealed dangerous instrument) are excluded from mandatory expungement. Discretionary: by court petition, misdemeanors not on that list can be expunged after three years and listed misdemeanors after seven years (from conviction or release, whichever is later) if the person has no prior or subsequent convictions; multiple misdemeanor cases can be expunged together after five years. Re-verified 2026-10-27. |
| Felony convictions | Mandatory: certain listed felonies (such as miscellaneous drug crimes, maintaining a drug property, possession of burglar's tools, second-degree forgery and unlawful use of a payment card) qualify ten years after conviction or release, whichever is later, and drug possession under 16 Del. C. § 4756 after five years. Discretionary: other felonies may be expunged by petition seven years after conviction or release if the person has no prior or subsequent convictions, except violent felonies listed in § 4201(c), certain other listed offenses, and felonies involving physical or sexual assault under the Beau Biden Child Protection Act. Some convictions, such as incest and second-degree vehicular assault, can never be expunged. A person convicted of a felony after a prior felony expungement is not eligible, and generally only one conviction expungement is allowed in ten years. Re-verified 2026-10-27. |
| DUI / DWI convictions | No. Offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except a few listed Title 21 offenses (driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death) that may be considered for discretionary expungement. Re-verified 2026-10-27. |
| Past marijuana convictions | A conviction for possession of marijuana under 16 Del. C. § 4764 and/or possession of drug paraphernalia under § 4771 in the same case qualifies for mandatory expungement, even if the person has other convictions, and such convictions do not count against eligibility for expunging other cases. Mandatory cases are processed automatically by SBI beginning August 1, 2024. Re-verified 2026-10-27. |
How to apply
| How to apply | Mandatory expungement is requested from the State Bureau of Identification (several eligible cases can be combined in one application), and SBI also processes eligible cases automatically. Discretionary expungement requires a petition to the Family Court (if all charges were in Family Court) or otherwise the Superior Court in the county where the most recent case ended, with a copy of the person's SBI criminal history attached; petitions without it are rejected. The petitioner serves the Attorney General, who has 120 days to object and must contact any victim. Petitions are usually decided without a hearing; the court grants expungement if the petitioner proves that keeping the record would cause a manifest injustice. All fines, fees and restitution must generally be paid, and the person cannot be on probation, parole or incarcerated or have pending charges. Re-verified 2026-10-27. |
|---|---|
| Filing fee | The law directs the Superior Court and Family Court to set a reasonable fee schedule for discretionary expungement petitions, and allows SBI to adopt a reasonable fee schedule for mandatory expungement. The specific amounts were not found in the statute. If an outstanding fine or fee is unpaid for reasons other than willful noncompliance, the court may still grant expungement and waive or convert those obligations. Check with SBI or the court clerk for current fees. Re-verified 2026-10-27. |
| Automatic (clean slate) relief | Yes. Beginning August 1, 2024, the State Bureau of Identification must identify cases eligible for mandatory expungement each month and expunge them. A person may still request mandatory expungement from SBI, or petition, if an automatic expungement has not happened. Re-verified 2026-10-27. Source: 11 Del. C. § 4373A |
| Getting a copy of your criminal record | The Delaware State Police State Bureau of Identification (SBI) issues certified state criminal history reports, obtained through fingerprints with acceptable identification. For a personal copy, use service code 27RVGT (issued only to the requesting citizen, and not valid for employers or other agencies); the fee for a certified State of Delaware criminal history is $72.00. Schedule through the IdentoGO enrollment site and go to SBI Dover (600 S. Bay Road, Dover), SBI Georgetown (546 S. Bedford Street, Georgetown) or a partner location. Questions: (302) 739-5884. A combined state and federal check ($85.00) must be mandated by law. Appointment site linked from the page: https://uenroll.identogo.com/ |
After your record is cleared
| What clearing a record does | A person does not have to disclose, and should not be asked about, an arrest, charge or conviction that has been expunged, for any purpose (with limited exceptions such as applying to work for a law-enforcement agency). Courts and law enforcement must reply to non-law-enforcement requests that there is no record. Expunged records remain available to law enforcement investigating a crime, for checking eligibility for diversion programs and probation before judgment, for concealed-carry licensing, and for sentencing or pardon review if the person is convicted again. Expungement does not cancel an active protection-from-abuse order or automatically remove a person from the Child Protection Registry. Federal law enforcement is notified of the order. Immigration authorities may treat expunged convictions differently. Re-verified 2026-10-27. |
|---|---|
| Pardons | Pardons are granted by the governor, with the Board of Pardons involved in reviewing applications. A person unconditionally pardoned by the governor may petition for discretionary expungement of the pardoned conviction, except for manslaughter, first- and second-degree murder, first- and second-degree rape, and first-degree sexual abuse of a child by a person in a position of trust. Re-verified 2026-10-27. Source: 11 Del. C. §§ 4375, 4376(h)(2) |
Where to get help in Delaware
Expungement & Criminal Records FAQ
Can you get a criminal record expunged in Delaware?
Delaware offers "expungement," meaning law-enforcement and court records of a case are destroyed, segregated or placed in the custody of the State Bureau of Identification and not released except as the law allows. There are two tracks: mandatory expungement (handled by SBI, and since August 1, 2024 done automatically each month for eligible cases) and discretionary expungement (by petition to the Superior Court or Family Court). A person pardoned by the governor may also seek discretionary expungement.
Can you clear an arrest or dismissed charge in Delaware?
A case "terminated in favor of the accused" qualifies for mandatory expungement, even if the person has other convictions, as long as all charges in the case are eligible. This includes acquittal on all charges, a nolle prosequi on all charges, dismissal of all charges, completion of probation before judgment followed by discharge, a mix of acquittals and dismissals, an arrest with no charges filed within one year, and cases seven or more years old with no recorded disposition (unless there is an active warrant or recent activity). A prosecutor may also petition to expunge an arrest record at the time of a dismissal or nolle prosequi.
Can a misdemeanor be expunged in Delaware?
Mandatory: a case with only violations qualifies three years after conviction; a case with misdemeanors (or misdemeanors and violations) qualifies five years after conviction if the person has no other convictions that bar expungement. Domestic violence crimes, offenses against children or vulnerable adults, and a long list of specific misdemeanors (for example, resisting arrest, hate crimes, indecent exposure, carrying a concealed dangerous instrument) are excluded from mandatory expungement. Discretionary: by court petition, misdemeanors not on that list can be expunged after three years and listed misdemeanors after seven years (from conviction or release, whichever is later) if the person has no prior or subsequent convictions; multiple misdemeanor cases can be expunged together after five years.
Can a felony be expunged in Delaware?
Mandatory: certain listed felonies (such as miscellaneous drug crimes, maintaining a drug property, possession of burglar's tools, second-degree forgery and unlawful use of a payment card) qualify ten years after conviction or release, whichever is later, and drug possession under 16 Del. C. § 4756 after five years. Discretionary: other felonies may be expunged by petition seven years after conviction or release if the person has no prior or subsequent convictions, except violent felonies listed in § 4201(c), certain other listed offenses, and felonies involving physical or sexual assault under the Beau Biden Child Protection Act. Some convictions, such as incest and second-degree vehicular assault, can never be expunged. A person convicted of a felony after a prior felony expungement is not eligible, and generally only one conviction expungement is allowed in ten years.
Does Delaware have automatic record clearing (clean slate)?
Yes. Beginning August 1, 2024, the State Bureau of Identification must identify cases eligible for mandatory expungement each month and expunge them. A person may still request mandatory expungement from SBI, or petition, if an automatic expungement has not happened.
Can a DUI be expunged in Delaware?
No. Offenses under Title 21 (the motor vehicle code, which includes DUI) are not eligible for expungement, except a few listed Title 21 offenses (driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death) that may be considered for discretionary expungement.
How do you file for expungement in Delaware?
Mandatory expungement is requested from the State Bureau of Identification (several eligible cases can be combined in one application), and SBI also processes eligible cases automatically. Discretionary expungement requires a petition to the Family Court (if all charges were in Family Court) or otherwise the Superior Court in the county where the most recent case ended, with a copy of the person's SBI criminal history attached; petitions without it are rejected. The petitioner serves the Attorney General, who has 120 days to object and must contact any victim. Petitions are usually decided without a hearing; the court grants expungement if the petitioner proves that keeping the record would cause a manifest injustice. All fines, fees and restitution must generally be paid, and the person cannot be on probation, parole or incarcerated or have pending charges.
How much does expungement cost in Delaware?
The law directs the Superior Court and Family Court to set a reasonable fee schedule for discretionary expungement petitions, and allows SBI to adopt a reasonable fee schedule for mandatory expungement. The specific amounts were not found in the statute. If an outstanding fine or fee is unpaid for reasons other than willful noncompliance, the court may still grant expungement and waive or convert those obligations.
What happens after a record is expunged or sealed in Delaware?
A person does not have to disclose, and should not be asked about, an arrest, charge or conviction that has been expunged, for any purpose (with limited exceptions such as applying to work for a law-enforcement agency). Courts and law enforcement must reply to non-law-enforcement requests that there is no record. Expunged records remain available to law enforcement investigating a crime, for checking eligibility for diversion programs and probation before judgment, for concealed-carry licensing, and for sentencing or pardon review if the person is convicted again. Expungement does not cancel an active protection-from-abuse order or automatically remove a person from the Child Protection Registry. Federal law enforcement is notified of the order. Immigration authorities may treat expunged convictions differently.
How do you get a pardon in Delaware?
Pardons are granted by the governor, with the Board of Pardons involved in reviewing applications. A person unconditionally pardoned by the governor may petition for discretionary expungement of the pardoned conviction, except for manslaughter, first- and second-degree murder, first- and second-degree rape, and first-degree sexual abuse of a child by a person in a position of trust.
Can old marijuana convictions be cleared in Delaware?
A conviction for possession of marijuana under 16 Del. C. § 4764 and/or possession of drug paraphernalia under § 4771 in the same case qualifies for mandatory expungement, even if the person has other convictions, and such convictions do not count against eligibility for expunging other cases. Mandatory cases are processed automatically by SBI beginning August 1, 2024.
How do I check my own criminal record in Delaware?
The Delaware State Police State Bureau of Identification (SBI) issues certified state criminal history reports, obtained through fingerprints with acceptable identification. For a personal copy, use service code 27RVGT (issued only to the requesting citizen, and not valid for employers or other agencies); the fee for a certified State of Delaware criminal history is $72.00. Schedule through the IdentoGO enrollment site and go to SBI Dover (600 S. Bay Road, Dover), SBI Georgetown (546 S. Bedford Street, Georgetown) or a partner location. Questions: (302) 739-5884. A combined state and federal check ($85.00) must be mandated by law.
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