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Expungement, mandatory expungement, or discretionary expungement in Delaware

Can I clear my record in Delaware?

Delaware clears records by expungement, which removes them from public view.

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes Delaware law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Under its Clean Slate Act, since August 1, 2024 the State Bureau of Identification has been automatically expunging cases that ended in the person's favor, violations after 3 years, many misdemeanor and drug possession convictions after 5 years, and a few lower-level felonies after 10 years. Other misdemeanors and most felonies can be expunged by petitioning a court after 3 to 7 years, usually only if the person has no other convictions; violent felonies need a pardon first. DUI and most other motor vehicle (Title 21) offenses can't be expunged.1,2,3,4

Checked October 22, 2026 against 21 sources, starting with Delaware law, then by a second reader.

What it's called
Expungement, mandatory expungement, or discretionary expungement1,2,3
Automatic clearing
Yes, for some records, since August 1, 20241,2,3
DUI or DWI
Can't be cleared1,7,12
Filing fee
$0 to $751,2,3
Fee waiver
Not confirmed

Expungement

Mandatory expungement (automatic since August 2024)

Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).1,2,3

What it's for: Cases that ended in the person's favor, violation convictions, many misdemeanor and drug possession convictions, past marijuana possession, and a short list of lower-level felonies, once the waiting period has passed.

Who can use it

  • Cases terminated in the person's favor: acquittal on all charges, a nolle prosequi or dismissal of all charges, completed probation before judgment with discharge, no charges filed within 1 year of the arrest, or a case 7 or more years old with no disposition (unless there is an active warrant or case activity in the last 12 months) (11 Del. C. §§ 4372(b), 4373(a)). No wait, and other convictions don't block this route (§ 4373(a)(1)).
  • One or more violations (not crimes) in the same case, 3 years after the conviction, even if the person has other convictions (§ 4373(a)(1)b).
  • Possession of marijuana (16 Del. C. § 4764) or drug paraphernalia (§ 4771), and underage possession or consumption of alcohol (4 Del. C. § 904(e) or (f)), with no waiting period stated (§ 4373(a)(1)c-d).
  • One or more misdemeanors (or misdemeanors plus violations) in the same case, 5 years after the conviction, if the person has no prior or subsequent convictions that bar expungement (§ 4373(a)(2)a).
  • Drug possession under 16 Del. C. § 4756, 5 years after the conviction, with no barring prior or subsequent convictions (§ 4373(a)(2)b).
  • These felonies only, 10 years after the conviction or release from incarceration, whichever is later: miscellaneous drug crimes (16 Del. C. § 4757), dealing in a counterfeit controlled substance (§ 4758), maintaining a drug property (§ 4760), possession of burglar's tools (11 Del. C. § 828), second-degree forgery (§ 861(b)(2)) and unlawful use of a payment card (§ 903) (§ 4373(a)(2)c).
  • A charge 7 or more years old with no recorded disposition is treated as dismissed, unless there is an active warrant or case activity in the last 12 months (§ 4373(a)(3)).
  • Convictions in other cases for underage alcohol, marijuana possession, drug paraphernalia or any Title 21 (motor vehicle) offense don't count against eligibility (§ 4372(g), (h)).
  • Every charge in the case must be eligible, and all fines, fees and restitution must be paid (§§ 4373(a), 4372(l)).

What doesn't qualify

  • Anyone with pending criminal charges, other than certain underage alcohol, marijuana and Title 21 traffic charges (11 Del. C. § 4372(f)(1)).
  • Anyone currently serving a term of incarceration, parole or probation (§ 4372(f)(5)).
  • Title 21 offenses (motor vehicle offenses such as DUI), except that driving after judgment prohibited, reckless driving and operating a motor vehicle causing death can be expunged at the court's discretion (§§ 4372(f)(2), 4374(i)).
  • Convictions that can never be expunged: vehicular assault in the second degree, incest, unlawful sexual contact in the third degree, coercion and unlawfully dealing with a child (§ 4372(f)(3)).
  • Crimes of domestic violence, offenses where the victim was a child or a vulnerable adult, and a list of misdemeanors including sexual harassment, indecent exposure, resisting arrest, hate crimes and certain weapons offenses (§ 4373(b)). Some of these can be expunged at a court's discretion after 7 years.
  • A case with any charge that isn't eligible, such as a DUI conviction (§ 4373(a); Cornette v. State, 2026).

How long you have to wait

RecordWaiting period
Case terminated in the person's favor (acquittal, dismissal, nolle prosequi, completed probation before judgment)NoneAlso covers arrests with no charges filed within 1 year and cases 7 or more years old with no disposition (§ 4372(b)).
Violation convictions in one case3 years from the conviction§ 4373(a)(1)b.
Marijuana or paraphernalia possession; underage alcoholNone stated§ 4373(a)(1)c-d.
Misdemeanor convictions in one case (not on the § 4373(b) list)5 years from the convictionNo prior or subsequent convictions that bar expungement (§ 4373(a)(2)a).
Drug possession (16 Del. C. § 4756)5 years from the conviction§ 4373(a)(2)b.
Listed lower-level felonies10 years from the conviction or release from incarceration, whichever is later§ 4373(a)(2)c.

Happens automatically. Since August 1, 2024, the SBI identifies eligible cases each month and expunges them without an application (11 Del. C. § 4373A; Clean Slate Act, 83 Del. Laws c. 265). If a case hasn't been expunged automatically, you can still apply to the SBI (§ 4373A(d)). The law gives no right to damages if the SBI misses a case (§ 4373A(e)), and it doesn't require the SBI to notify the person.

How to apply

  1. Nothing to file for automatic expungement. To check whether a case was expunged, or to apply if it wasn't, request your certified Delaware criminal history through the State Bureau of Identification's expungement service (service code 27S23V; $72; you are fingerprinted at an SBI or IdentoGO location). The Superior Court says the report expires after 45 days.
  2. The SBI sends a letter, usually within 2 weeks, saying whether you qualify for mandatory expungement or need to petition a court for discretionary expungement (Superior Court instructions).
  3. If you qualify, sign and return the paperwork within 30 days with a $75 money order payable to the Delaware State Police (Delaware State Police).
Where to file
Delaware State Police, State Bureau of Identification.
Cost
No fee is mentioned for automatic expungement (83 Del. Laws c. 265). The statute lets the SBI set a reasonable fee schedule (§ 4373(e)); if you apply yourself, the State Police list a $72 initial fee for the certified criminal history and a $75 money order with the signed mandatory expungement paperwork. Unpaid fines, fees and restitution from the conviction must be paid first; a court may waive them only if they went unpaid for reasons other than wilful noncompliance (§ 4372(l)).
Court hearing
No
How long it takes
Automatic review runs monthly. If you apply, the SBI answers in about 2 weeks after your criminal history request (Superior Court instructions).

Official forms

Expungement

Discretionary expungement (court petition)

Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).1,6,8

What it's for: Misdemeanors and most felonies that don't qualify for mandatory expungement, including people with convictions in more than one case, after a 3-, 5- or 7-year wait.

Who can use it

  • One or more misdemeanors in the same case (not on the § 4373(b) list), 3 years after the conviction or release from incarceration, whichever is later, with no prior or subsequent convictions (11 Del. C. § 4374(a)(1)).
  • One or more misdemeanors on the § 4373(b) list (such as domestic violence or offenses against a child), 7 years after the conviction or release, with no prior or subsequent convictions (§ 4374(a)(2)).
  • A felony, 7 years after the conviction or release, with no prior or subsequent convictions, unless the felony is excluded (§ 4374(a)(3)).
  • Violations or misdemeanors (not on the § 4373(b) list) in more than one case, 5 years after the most recent conviction or release, if the person has no other convictions that wouldn't qualify for mandatory expungement on their own and every charge in each case is eligible (§ 4374(a)(4); HB 447, 2022).
  • Convictions for underage alcohol, marijuana possession, drug paraphernalia or a Title 21 (motor vehicle) offense don't count as prior or subsequent convictions for these routes (§ 4372(g), (h)).
  • The person must show that keeping and possibly sharing the record is a 'manifest injustice' to them, by a preponderance of the evidence (§ 4374(f)).
  • All fines, fees and restitution must be paid; if they are unpaid for reasons other than wilful noncompliance, the court may grant the expungement and waive them or turn them into a civil judgment (§ 4372(l)).

What doesn't qualify

  • Anyone with pending criminal charges, other than certain underage alcohol, marijuana and Title 21 traffic charges (11 Del. C. § 4372(f)(1)).
  • Anyone currently serving a term of incarceration, parole or probation (§ 4372(f)(5)).
  • Title 21 offenses (motor vehicle offenses such as DUI), except that driving after judgment prohibited, reckless driving and operating a motor vehicle causing death can be expunged at the court's discretion (§§ 4372(f)(2), 4374(i)).
  • Convictions that can never be expunged: vehicular assault in the second degree, incest, unlawful sexual contact in the third degree, coercion and unlawfully dealing with a child (§ 4372(f)(3)).
  • Violent felonies listed in 11 Del. C. § 4201(c), and convictions under 16 Del. C. § 1136, 31 Del. C. § 3913, or felonies involving physical or sexual assault crimes as defined in 31 Del. C. § 309 (§ 4374(b)). A pardon is the only route for most of these.
  • A felony committed after an earlier felony expungement was granted, and any conviction if the person was granted an expungement of a prior conviction in the previous 10 years (§ 4372(f)(4)).

How long you have to wait

RecordWaiting period
Misdemeanors in one case (not on the § 4373(b) list)3 years from conviction or release from incarceration, whichever is laterNo prior or subsequent convictions (§ 4374(a)(1)).
Misdemeanors on the § 4373(b) list7 years from conviction or release§ 4374(a)(2).
Felony (not excluded)7 years from conviction or releaseNo prior or subsequent convictions (§ 4374(a)(3)).
Violations or misdemeanors in more than one case5 years from the most recent conviction or release§ 4374(a)(4), added by HB 447 (83 Del. Laws c. 418, 2022).

How to apply

  1. Get your certified Delaware criminal history from the State Bureau of Identification ($72). The court will reject a petition without it, and the report expires after 45 days (§ 4374(e); Superior Court instructions).
  2. Fill out the petition (Superior Court form CIV_EXP_02_A or Family Court Form 281) and the proposed order (CIV_EXP_04_A or Form 283). Explain why keeping the record causes you hardship (manifest injustice). You must sign the petition in front of a notary: the Prothonotary's clerk notarizes it if you file in person, and you have it notarized first if you file by mail (Superior Court instructions).
  3. File in Superior Court in the county where your most recent case ended, or in Family Court if all of your cases were in Family Court. Superior Court filings go to the Prothonotary's Office in person or by mail, with the proposed order, the SBI's cover letter and your certified criminal history (no older than 45 days), one copy of everything, and the $75 filing fee.
  4. The Attorney General's office has 120 days to respond, and must contact any victim of the crime to ask their position and include it in its answer (§ 4374(e); notice procedures revised by 85 Del. Laws c. 142, effective August 20, 2025). If the state objects, you have 30 days to reply.
  5. The court usually decides on the papers and holds a hearing only if it finds one necessary.
Where to file
Superior Court in the county where your most recent case was terminated, or Family Court if all dispositions were in Family Court (11 Del. C. § 4374(c)).
Cost
The Superior Court filing fee is $75, payable to the State of Delaware (Superior Court instructions, 10/4/2024). The certified criminal history you must attach costs $72. The law lets Superior Court and Family Court set their own fee schedules (§ 4374(j)).
Court hearing
Sometimes
How long it takes
The Attorney General has 120 days from filing to answer, and you have 30 days to reply to an answer; the court then decides (Superior Court guide).

Official forms

Expungement

Expungement after a pardon

Expunged records are destroyed, segregated or placed in the custody of the State Bureau of Identification (SBI), which keeps control of them and makes sure they are not released; court records don't have to be destroyed but must be kept from public inspection (11 Del. C. §§ 4372(c)(4), (e), 4376(d)). The person is not required to disclose an expunged arrest or conviction, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement by saying there is no record (§§ 4372(d), (e)(4), 4376(e)). Exceptions: law enforcement can see the records when investigating particular criminal activity in which the person is a suspect, or when the person applies for a job with a law-enforcement agency; criminal justice agencies can check for prior diversion or probation before judgment; and the records are used for concealed-carry licensing, for sentencing after a later conviction, and for later pardon applications (§ 4376(a), (b), (h)). Fingerprints and photos from felony arrests don't have to be destroyed (§ 4376(c)). Opening or sharing an expunged record without a court order is a crime (§ 4376(f)). An expungement does not cancel an active protection-from-abuse order (§ 4372(j)).1,7,11

What it's for: Convictions that aren't otherwise eligible, including most violent felonies, once the Governor has granted an unconditional pardon.

Who can use it

  • A person who has been unconditionally pardoned by the Governor may ask the court for a discretionary expungement, using the same court procedures as other discretionary petitions (11 Del. C. § 4375(a)).
  • Eligibility is decided charge by charge: a Title 21 charge (such as DUI) in the same case doesn't automatically block expungement of an eligible pardoned conviction, and the court may expunge only the records of the pardoned conviction (Cornette v. State, Del. 2026).
  • The general exclusions in § 4372(f) and the Title 21 bar in § 4374(i) don't apply to this route; the only crimes excluded are those listed in § 4375(b) (Cornette v. State, Del. 2026).
  • The person must still show manifest injustice, and a non-expunged conviction in the same case may be weighed in that decision (§§ 4374(f), 4375(a); Gieck v. State, Del. 2026).

What doesn't qualify

  • 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, even after a pardon (§ 4375(b)).
  • A DUI conviction that wasn't itself pardoned stays ineligible, even when pardoned convictions in the same case are expunged (Gieck v. State, Del. 2026).

How long you have to wait

RecordWaiting period
Pardoned convictionNone after the pardonThe pardon itself has its own process through the Board of Pardons, which we did not review.

How to apply

  1. Get an unconditional pardon from the Governor (through the Board of Pardons).
  2. Then file a discretionary expungement petition in Superior Court (or Family Court) as described above, attaching your certified criminal history.
Where to file
Superior Court in the county where your most recent case was terminated, or Family Court if all dispositions were in Family Court.
Cost
Same as other discretionary petitions: a $75 Superior Court filing fee plus $72 for the certified criminal history (Superior Court instructions).
Court hearing
Sometimes

Official forms

Automatic clearing

Delaware's Clean Slate Act (Senate Bill 111, 83 Del. Laws c. 265, approved November 8, 2021) took effect on approval and was implemented on August 1, 2024. Every month, the State Bureau of Identification identifies and expunges cases that qualify for mandatory expungement: cases that ended in the person's favor, violation convictions after 3 years, past marijuana and paraphernalia possession and underage alcohol convictions, misdemeanor and drug possession convictions after 5 years with no barring convictions, and six listed lower-level felonies after 10 years (11 Del. C. §§ 4373, 4373A). Domestic violence crimes, offenses against children or vulnerable adults, listed misdemeanors, Title 21 offenses and cases with any ineligible charge are excluded. If a case is missed, the person can still apply to the SBI.1,2,3

DUI and DWI records in Delaware

A DUI conviction can't be expunged through Delaware's usual routes: offenses under Title 21 (the motor vehicle code) are not eligible, and records of 'any charge under Title 21' may not be expunged except driving after judgment prohibited, reckless driving and operating a motor vehicle causing death, which a court may expunge at its discretion (11 Del. C. §§ 4372(f)(2), 4374(i)). In a 2026 order, the Delaware Supreme Court held a DUI conviction ineligible on that basis (Gieck v. State). Because mandatory and automatic expungement require every charge in the case to be eligible, a DUI conviction in a case blocks mandatory expungement of the other charges in it. A Title 21 conviction in a different case doesn't count against eligibility (§ 4372(h)). After an unconditional pardon, other pardoned convictions in the same case can still be expunged (Cornette v. State, 2026; Gieck). Cornette also said the Title 21 bars don't apply to pardon-based expungement under § 4375; whether a pardoned DUI conviction itself can be expunged that way was not at issue in either case. On its face, the 'any charge' bar in § 4374(i)(1) also reaches a DUI charge that was dismissed; we found no official guidance on that. Senate Bill 124 (2025), which would make clear that Title 21 charges don't bar expungement of other charges in a case, was reported out of committee in May 2025 but has not passed.1,7,12,13

Arrests and dismissed charges

Cases terminated in the person's favor qualify for mandatory expungement with no wait, even if the person has other convictions, and since August 1, 2024 they are expunged automatically (11 Del. C. §§ 4373(a)(1), 4373A). This includes acquittal on all charges, a nolle prosequi or dismissal of all charges, completed probation before judgment, arrests with no charges filed within 1 year, and cases 7 or more years old with no disposition and no recent activity (§ 4372(b); HB 447, 2022). If one isn't expunged automatically, request your criminal history from the SBI and apply.1,2,4,5

Marijuana records

Convictions for possession of marijuana (16 Del. C. § 4764) or drug paraphernalia (§ 4771) qualify for mandatory expungement with no waiting period, and other convictions don't block it, so they are covered by automatic expungement (11 Del. C. §§ 4373(a)(1)c, 4373A). This route was added by Senate Bill 112 (83 Del. Laws c. 266, 2021), which made certain marijuana, drug possession and felony cases eligible for mandatory expungement. A pending marijuana charge under § 4764(c) doesn't bar other expungements (§ 4372(f)(1)).1,3

What employers can see afterward

A person with an expunged record is not required to disclose it, and should not be asked to, to anyone for any purpose, and courts and law enforcement answer inquiries from anyone outside law enforcement that there is no record (11 Del. C. §§ 4372(d), (e)(4), 4376(e)). Law-enforcement agencies can still see expunged records when the person applies to work for them (§ 4376(a)). Delaware's 'ban the box' law covers public employers only: they may not ask about or consider criminal history (or credit history) during the initial application process, up to and including the first interview; may disqualify an applicant based on criminal history only when the exclusion is job-related and consistent with business necessity; and must weigh the nature and gravity of the offense, the time since it or the sentence, and the job. State, county and municipal police, the Department of Correction, the Department of Justice, the Office of Defense Services, the courts and positions where a statute requires or expressly permits considering criminal history are exempt (19 Del. C. § 711(h)). The state's announcement of the law said it places no requirements on private employers.1,14,15

Free help in Delaware

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.17,18,19
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.20,21

This page explains Delaware's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Delaware?" https://secondchanceindex.com/record-clearing/delaware, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. 11 Del. C. §§ 4372, 4373, 4373A
  2. Laws of Delaware vol. 83, ch. 265 (Senate Bill 111, Clean Slate Act), approved Nov. 8, 2021Delaware General Assembly
  3. Senate Bill 112 (151st General Assembly), bill detail (83 Del. Laws c. 266)Delaware General Assembly
  4. House Bill 447 (151st General Assembly), bill detail (83 Del. Laws c. 418)Delaware General Assembly
  5. Obtaining a Certified Criminal History (including expungement service)Delaware State Police, State Bureau of Identification
  6. Expungement Instructions (CIV_EXP_07_A, updated 10/4/2024)Delaware Superior Court
  7. Cornette v. State, No. 505, 2024 (Del. Feb. 5, 2026)Delaware Supreme Court
  8. A Guide to Expungement of Adult Record (CIV_EXP_06_A, updated 06/13/2024)Delaware Superior Court
  9. 1021IP Adult Expungement Instruction Packet (Rev 10/23)Family Court of the State of Delaware
  10. Senate Substitute 1 for Senate Bill 17 (153rd General Assembly), bill detail (85 Del. Laws c. 142)Delaware General Assembly
  11. Laws of Delaware vol. 83, ch. 263 (Senate Substitute 1 for Senate Bill 38), approved Nov. 8, 2021Delaware General Assembly
  12. Gieck v. State, No. 180, 2025 (Del. Mar. 18, 2026)Delaware Supreme Court
  13. Senate Bill 124 (153rd General Assembly), bill detailDelaware General Assembly
  14. 19 Del. C. ch. 7, subch. II, Discrimination in Employment (§ 711(h): public employers and criminal history)Delaware Code Online (Delaware General Assembly)
  15. Governor signs 'ban the box' law for public employers (HB 167), May 8, 2014State of Delaware News
  16. APEX expungement assistance programDelaware Department of Labor
  17. List of consumer reporting companiesConsumer Financial Protection Bureau
  18. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  19. Employer Background Checks and Your RightsFederal Trade Commission
  20. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  21. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)