How to 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.

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.

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.

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.