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How to Expunge Your Criminal Record in Delaware — 2026 Guide

This content is for informational purposes only and does not constitute legal advice. Consult a licensed Delaware attorney for advice specific to your situation.

A criminal record follows you forever. It can block jobs, housing, loans, and professional licenses. But in Delaware, you may be able to expunge (erase) your record — clearing the past and opening the future.

This guide explains who qualifies for expungement in Delaware, how the process works, what it costs, and step-by-step instructions to file.

What Is Expungement in Delaware?

Expungement is the legal process of sealing or erasing your criminal record. In Delaware, a successful expungement means:

• The record is removed from public court databases
• Background checks by employers, landlords, and licensing boards won't show the expunged offense
• You can legally deny the record existed (with limited exceptions for law enforcement and certain professions)

Delaware law allows expungement for arrests, charges, and convictions under specific circumstances defined in Title 11, Chapter 43 of the Delaware Code.

Delaware Expungement Eligibility

Not all crimes qualify for expungement in Delaware. Eligibility depends on:

• What you were convicted of (or just arrested for)
• How much time has passed since the case ended
• Your criminal history (how many past convictions)

offenses That CAN Be Expunged

1. Acquittals and Dismissals

If you were found not guilty or your case was dismissed, you can petition for expungement immediately under 11 Del. C. § 4321(a). This includes:

• Not guilty verdicts at trial
• Dismissed charges (with or without prejudice)
• Nolle prosequi (prosecutor declined to prosecute)
• Charges dropped after completing diversion programs

2. Misdemeanor Convictions

Most misdemeanor convictions can be expunged if:

• 3 years have passed since completion of sentence (including probation)
• You have no new convictions during that period
• The offense is not on the "ineligible list" (see below)

3. Certain Felonies

Some felonies can be expunged if:

• 5 years have passed since completing your sentence
• The felony is not classified as "ineligible"
• You have no new criminal history during the waiting period

4. Multiple Convictions (Limited)

If you have 2 or more convictions, expungement is still possible if:

• All convictions arose from a single incident (same arrest, same date)
• Waiting periods are met for each offense
• Offenses are eligible individually

Offenses That CANNOT Be Expunged

Delaware law (11 Del. C. § 4322) prohibits expungement for:

• Violent felonies (murder, manslaughter, assault 1st/2nd degree, kidnapping, robbery)
• Sex offenses (rape, sexual assault, unlawful sexual contact, child pornography, sex offender registry crimes)
• Domestic violence convictions
• Offenses involving firearms (certain weapons charges)
• Burglary and arson
• DUI (Driving Under the Influence) — except dismissals or acquittals
• Convictions for which you're still serving a sentence (probation, parole)

If you were convicted of these crimes, expungement is generally not available in Delaware. However, a pardon from the Governor may be an alternative path (separate process).

Waiting Periods

"Sentence completion" means:

• Jail/prison time served
• Probation/parole successfully completed
• All fines, restitution, and court costs paid
• No new charges or convictions during the waiting period

The Delaware Expungement Process: Step-by-Step

Step 1: Get Your Criminal Record

Before filing, you need a copy of your criminal history. In Delaware, you have two options:

State Police Bureau of Identification (SBI)

• Submit a fingerprint-based criminal background check
• Cost: ~$45
• Includes all Delaware arrests, charges, and dispositions
• Required for expungement petitions involving convictions

Court Records Check

• Visit the courthouse where your case was heard
• Request your case file (docket sheet, charging documents, disposition)
• Free or low-cost (~$5–$15)

You'll need:

• Full legal name
• Date of birth
• Social Security Number (for SBI check)
• Case numbers (if known)
• Approximate dates of arrests

Step 2: Verify Your Eligibility

Review your record to confirm:

1. No ineligible offenses (see list above)
2. Waiting period satisfied (3 or 5 years since sentence completion)
3. No new convictions during the waiting period

If you have multiple cases or convictions, each is evaluated separately. If any offense is ineligible, your entire petition may be denied.

Step 3: Prepare Your Petition for Expungement

The Petition for Expungement (under Delaware Superior Court Civil Rule 72 and 11 Del. C. § 4321) is the legal document asking the court to seal your record. It must include:

• Your personal information (name, DOB, address, SSN)
• Case details (court, case number, arrest date, charge, disposition)
• Grounds for expungement (statutory eligibility)
• Supporting facts (why expungement serves justice)
• Verification under oath (notarized affidavit)

This is the most critical document. It must be accurate, complete, and persuasive. jurisdiction-correct expungement templates from Jurist-Diction ensure your petition meets Delaware's exact requirements and presents your case in the best light.

Step 4: File in the Correct Court

File your petition with the Superior Court in the county where your case originated:

• New Castle County (Wilmington)
• Kent County (Dover)
• Sussex County (Georgetown)

Filing fees typically range from $75–$150 depending on the county and whether you're petitioning for one or multiple cases. Fee waivers may be available if you can't afford the cost (ask the court clerk for an Application for Waiver of Court Fees).

Step 5: Serve Required Parties

Under 11 Del. C. § 4321(e), you must notify:

• Prosecutor (Attorney General's Office or State Prosecutor)
• Victim (if one exists and has requested notification)
• Department of Corrections (if you were incarcerated)
• State Bureau of Identification (for all convictions)

The court typically handles service on government agencies. If there's a victim, the court will notify them and give them an opportunity to object.

Step 6: Waiting Period (Prosecutor Review)

After filing, the prosecutor has 30 days to:

• Review your petition and criminal history
• Investigate your background (new arrests? violations?)
• Object to the expungement (if they believe it's not in the public interest)
• Consent to the expungement (often the case for clean records after waiting periods)

Most Delaware expungement petitions are granted if:

• You meet statutory eligibility
• No prosecutor objection
• Sufficient time has passed with good behavior

Step 7: Hearing (If Contested)

If the prosecutor or victim objects, or if the judge wants more information, a hearing will be scheduled. You'll receive notice by mail.

At the hearing:

• Judge asks questions about your background, rehabilitation, and reasons for seeking expungement
• Prosecutor may present evidence against expungement (new crimes, pattern of behavior)
• You may testify (or have your attorney speak on your behalf)
• Victim may submit a statement (in violent crimes or cases with harm)

If the judge is satisfied that expungement is appropriate, they'll sign an Order of Expungement.

Step 8: Order Sent to Agencies

If granted, the court sends the expungement order to:

• State Bureau of Identification (removes from SBI database)
• Courts (seals case files)
• Department of Corrections (updates prison/jail records)
• Other agencies (FBI, out-of-state courts if applicable)

These agencies must update their records within 30–60 days. Your record is then sealed from public view.

Delaware Expungement Costs

Breakdown of typical expenses:

Total estimated cost: $150–$350 if you file yourself (pro se). Hiring an attorney increases cost significantly but improves your chances for complex cases or contested petitions.

Fee waivers may be available if:

• Your income is below federal poverty guidelines
• You receive public benefits (SNAP, Medicaid, SSI)
• You're experiencing financial hardship

Ask the court clerk for a Pauper's Affidavit or Fee Waiver Application.

jurisdiction-correct Expungement templates

If your expungement is straightforward (eligible offense, waiting period met, no new convictions), you can file pro se (without an attorney). jurisdiction-correct expungement documents from Jurist-Diction give you:

• Professionally drafted Petition for Expungement formatted to Delaware court standards
• Proposed Order of Expungement (judges often sign prepared orders)
• Checklist of required documents and filing steps
• Detailed instructions for filing in your county
• Sample affidavit language

All starting at $47 — a fraction of attorney fees.

Templates are for informational purposes only and do not constitute legal advice. For complex cases or objections from prosecutors, consult a licensed Delaware attorney.

What Happens After Expungement?

Employment Background Checks

Once your record is expunged:

• Most private employers won't see the expunged offense on background checks
• Public court records searches return "no record found"
• You can legally say "I have no criminal record" (with exceptions below)

Exceptions: Who Can Still See Expunged Records?

Expungement is not absolute. The following entities may still access sealed records:

• Law enforcement (police, prosecutors, courts)
• Correctional facilities (if you're incarcerated again)
• Certain professional boards (teaching, nursing, law enforcement, childcare) — may require disclosure of expunged records
• Military/government security clearances — expunged offenses must be disclosed
• Immigration authorities (USCIS, ICE)

Always be honest on applications that ask: "Have you ever been convicted of a crime, including expunged records?" Lying can have worse consequences than the original offense.

Firearms Rights

Expungement does NOT automatically restore firearms rights if you were convicted of:

• Felonies (federal law prohibits felons from possessing guns)
• Domestic violence misdemeanors (18 U.S.C. § 922(g)(9))

If you want to own a firearm after a disqualifying conviction, you may need a pardon or rights restoration — separate legal processes beyond expungement.

Delaware Expungement FAQs

Can I expunge a DUI in Delaware?

Only if the DUI charge was dismissed or you were found not guilty. DUI convictions cannot be expunged under Delaware law.

How long does the expungement process take?

• Uncontested (prosecutor consents): 2–4 months from filing to order
• Contested (objection or hearing): 6–12 months depending on court availability

Do I need an attorney for expungement?

Not required. Many people file successfully pro se using jurisdiction-correct templates. However, consider hiring an attorney if:

• The prosecutor objects
• You have a complex criminal history
• Your case involved violence or victims
• You're unsure about eligibility

What if my expungement is denied?

You can:

1. Re-file after addressing the reason for denial (e.g., wait longer, gather rehabilitation evidence)
2. Appeal the decision (within 30 days)
3. Seek a pardon from the Governor (separate process)

Can I expunge federal charges in Delaware?

Federal expungement is extremely rare and only available in very limited circumstances (e.g., DNA exoneration, drug possession under the First-Time Offender Act). Most federal convictions cannot be expunged.

Will expunged records show up on FBI background checks?

Once Delaware expunges your record and notifies the FBI, the National Crime Information Center (NCIC) database should be updated. However, errors happen. Verify your FBI rap sheet after expungement by requesting an Identity History Summary Check from the FBI.

Can I expunge juvenile records in Delaware?

Yes. Juvenile records are handled differently under Title 10, Chapter 10. Many juvenile records are automatically sealed or expunged when you turn 18, but you may need to petition for certain offenses. Contact the Family Court for juvenile expungement procedures.

Getting Started

Expungement is a powerful tool for clearing your past and reclaiming your future. If you're eligible and ready to move forward, Jurist-Diction's jurisdiction-correct Delaware expungement documents include everything you need to file with confidence — starting at $47.

Don't let an old mistake hold you back forever. Clear your record, open doors to employment and housing, and move forward with a clean slate.

Templates are for informational purposes only and do not constitute legal advice. For complex situations, consult a licensed Delaware attorney.

Last updated: March 2026 | Jurist-Diction covers expungement documents for: NY, NJ, PA, MD, DE, MS, TN