Delaware Criminal Record Expungement Packet — LSC-Grade Self-Help Guide
This guide is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed Delaware attorney or your local legal aid organization.
1. Eligibility Checker — Who Can Get Their Record Expunged in Delaware?
You ARE eligible for MANDATORY expungement (SBI processes automatically) if:
Cases terminated in your favor (no conviction):
- You were acquitted (found not guilty) of all charges
- The prosecutor entered a nolle prosequi (dropped all charges)
- You completed probation before judgment and were discharged
- All charges were dismissed
- You were arrested but no charges were filed within 1 year
Convictions eligible for mandatory expungement:
- Violations (minor offenses): 3 years have passed since conviction
- Misdemeanors: 5 years have passed since conviction (if no other disqualifying convictions)
- Possession of marijuana or drug paraphernalia: No waiting period
- Underage alcohol possession/consumption: No waiting period
- Certain drug felonies: 10 years have passed since conviction or release from incarceration
You MAY be eligible for DISCRETIONARY expungement (court petition required) if:
- Misdemeanors (not violent/sexual): 3-7 years since conviction, no other convictions
- Felonies (not excluded): 7 years since conviction or release, no other convictions
- Multiple cases with violations/misdemeanors: 5 years since most recent conviction
- You received a Governor's pardon (except for murder, rape, certain sex offenses)
You are NOT eligible if convicted of:
- Murder (1st or 2nd degree)
- Manslaughter
- Rape (1st or 2nd degree)
- Sexual abuse of a child by person in position of trust
- Any felony sex offense requiring registration
- Domestic violence (certain offenses)
- Crimes involving physical injury to a child
- Any crime carrying a sentence of death or life imprisonment
Waiting Periods Summary:
| Offense Type | Mandatory Expungement | Discretionary Expungement |
|---|---|---|
| Case terminated in your favor | Immediately | N/A |
| Violation | 3 years | N/A |
| Misdemeanor (non-violent) | 5 years | 3 years (if no other convictions) |
| Misdemeanor (violent/domestic) | Not eligible | 7 years |
| Drug possession | 5 years | N/A |
| Certain drug felonies | 10 years | 7 years |
| Other felonies | Not eligible | 7 years |
2. All Required Forms
| Form Name | Purpose | Where to Obtain |
|---|---|---|
| Expungement Application | Request to expunge record through SBI | Delaware State Bureau of Identification |
| Petition for Expungement | Request discretionary expungement from court | Court where conviction occurred |
| Certified Copy of Disposition | Proof of case outcome | Court clerk where case was heard |
| Fingerprint Card | Identity verification | Delaware State Police or SBI |
| Application for Waiver of Fees | Request fee waiver (if low income) | Court clerk's office |
Where to get forms:
- Delaware State Bureau of Identification (SBI):
dsp.delaware.gov/state-bureau-of-identification - Online:
courts.delaware.gov/forms - In person: SBI office at 660 N. Broad Street, Suite 305, Wilmington, DE 19801
- Legal aid: Contact Community Legal Aid Society for assistance
3. Step-by-Step Filing Instructions
Step 1: Get Your Criminal Record
Before applying, obtain a copy of your Delaware criminal record:
- Go to the Delaware State Bureau of Identification (SBI)
- Request a criminal background check on yourself
- Pay the fee (approximately $52)
- Review the record for accuracy
SBI Location: 660 N. Broad Street, Suite 305, Wilmington, DE 19801
Phone: 302-739-2528
Hours: Monday-Friday, 8:30 AM - 4:00 PM
Step 2: Determine Which Type of Expungement You Need
Mandatory Expungement (through SBI):
- Use if your case was terminated in your favor, OR
- You have a qualifying conviction with the required waiting period
Discretionary Expungement (through the Court):
- Use if you have a misdemeanor or felony that doesn't qualify for mandatory expungement
- Requires filing a petition with the court
Step 3: Gather Required Documents
For all applications:
- [ ] Valid government-issued photo ID
- [ ] Certified copy of case disposition(s)
- [ ] Fingerprint card (obtained from SBI or State Police)
- [ ] Completed application or petition
For discretionary expungement, also gather:
- [ ] Proof of rehabilitation (employment records, education certificates, character references)
- [ ] Proof of no new criminal charges
Step 4: Submit Your Application
For Mandatory Expungement:
- Complete the Expungement Application
- Attach required documents
- Submit to Delaware State Bureau of Identification
- Pay processing fee (or apply for fee waiver)
For Discretionary Expungement:
- Complete the Petition for Expungement
- File with the court where your conviction occurred:
- Superior Court — for felonies
- Court of Common Pleas — for misdemeanors
- Pay filing fee (approximately $75-$150)
- Serve copy on the Department of Justice
Step 5: Wait for Processing
Mandatory Expungement (SBI):
- SBI reviews your application
- If eligible, they process automatically
- Processing time: typically 8-12 weeks
Discretionary Expungement (Court):
- Court schedules a hearing
- Department of Justice may object
- Judge decides whether to grant expungement
- Timeline: 2-6 months depending on court schedule
Step 6: Attend Hearing (Discretionary Only)
If a hearing is scheduled:
- Arrive 15-20 minutes early
- Bring all documentation
- Be prepared to explain your rehabilitation
- Judge will issue decision
4. Court Information — Delaware Courts
Where to File Discretionary Expungement Petitions:
Superior Court (for felonies)
New Castle County
- Address: 500 N. King Street, Wilmington, DE 19801
- Phone: 302-255-0800
- Hours: Monday-Friday, 8:30 AM - 4:30 PM
Kent County
- Address: 414 Federal Street, Dover, DE 19901
- Phone: 302-739-3184
- Hours: Monday-Friday, 8:30 AM - 4:30 PM
Sussex County
- Address: 1 The Circle, Georgetown, DE 19947
- Phone: 302-856-5336
- Hours: Monday-Friday, 8:30 AM - 4:30 PM
Court of Common Pleas (for misdemeanors)
New Castle County
- Address: 500 N. King Street, Wilmington, DE 19801
- Phone: 302-255-0900
Kent County
- Address: 414 Federal Street, Dover, DE 19901
- Phone: 302-739-4222
Sussex County
- Address: 1 The Circle, Georgetown, DE 19947
- Phone: 302-856-5330
Delaware State Bureau of Identification (SBI)
Address: 660 N. Broad Street, Suite 305, Wilmington, DE 19801
Phone: 302-739-2528
Hours: Monday-Friday, 8:30 AM - 4:00 PM
Website: dsp.delaware.gov/state-bureau-of-identification
Filing Fees:
- Mandatory expungement application: Approximately $75
- Discretionary petition: $75-$150 (varies by court)
- Criminal background check: $52
Fee Waiver:
If you cannot afford fees, request an Application for Waiver of Fees from the court clerk. You may qualify if you receive public assistance or have very low income.
5. Filing Checklist
Before submitting your expungement application, confirm you have:
- [ ] Copy of your Delaware criminal record
- [ ] Government-issued photo ID (driver's license, state ID, passport)
- [ ] Certified copy of disposition for each case you want expunged
- [ ] Fingerprint card (from SBI or State Police)
- [ ] Completed application or petition (signed and dated)
- [ ] Payment for filing fee OR completed fee waiver application
- [ ] Proof of waiting period met (dates match eligibility requirements)
- [ ] Proof of rehabilitation (for discretionary expungement — employment letters, education certificates, character references)
6. What to Bring to the Hearing (Discretionary Expungement)
- [ ] Copy of your petition and all attachments
- [ ] Certified case dispositions
- [ ] Government-issued photo ID
- [ ] Proof of employment (pay stubs, employer letter)
- [ ] Education or training certificates
- [ ] Character reference letters (from employers, clergy, community members)
- [ ] Proof of community service or volunteer work
- [ ] Treatment completion certificates (if applicable)
- [ ] Written statement explaining your rehabilitation
- [ ] Pen and paper for taking notes
Arrive 15-20 minutes early. Dress neatly. Be respectful to the judge.
7. What Happens After Filing
For Mandatory Expungement (SBI):
| Step | Typical Timeframe |
|---|---|
| Submit application | Day 1 |
| SBI reviews eligibility | 2-4 weeks |
| SBI processes expungement | 4-8 weeks |
| Records sealed/destroyed | Upon completion |
| Notification mailed | 1-2 weeks after completion |
For Discretionary Expungement (Court):
| Step | Typical Timeframe |
|---|---|
| File petition | Day 1 |
| Court schedules hearing | 4-8 weeks |
| Hearing held | Scheduled date |
| Judge issues decision | At hearing or within 30 days |
| If granted, records expunged | 4-8 weeks |
| Notification mailed | 1-2 weeks after completion |
If Your Expungement is Granted:
- Records sealed or destroyed — Law enforcement and court records are removed from public access
- Background checks cleared — The expunged record should not appear on most background checks
- You can legally deny — In most situations, you can legally say you were not arrested or convicted
- Notification to federal government — SBI notifies federal law enforcement (per 11 Del.C. § 4377)
If Your Expungement is Denied:
For mandatory expungement:
- SBI will send a written explanation
- You may correct any errors and reapply
- You may petition the court for discretionary expungement
For discretionary expungement:
- Judge will explain the reason for denial
- You may appeal to Delaware Supreme Court within 30 days
- You may refile if circumstances change
What Expungement Does NOT Do:
- Does not restore firearm rights automatically
- Does not remove records from private background check companies immediately
- Does not erase federal records (FBI database may retain information)
- Does not prevent law enforcement from seeing records for certain purposes
8. Delaware Legal Aid Resources
If you cannot afford an attorney, contact these LSC-funded legal aid organizations:
Community Legal Aid Society, Inc. (CLASI)
- New Castle County: 302-575-0400 — 100 W. 10th Street, Suite 801, Wilmington, DE 19801
- Kent County: 302-674-8500 — 1040 N. State Street, Dover, DE 19901
- Sussex County: 302-856-2223 — 20151 Office Park Circle, Georgetown, DE 19947
- Website:
declasi.org - Services: Criminal record expungement assistance for low-income individuals
Delaware Volunteer Legal Services (DVLS)
- Phone: 302-478-8850
- Website:
dvlc.org - Services: Pro bono legal assistance for qualifying individuals
Statewide Resources:
- Delaware State Bureau of Identification: 302-739-2528 — For expungement applications
- Legal Services Corporation Finder:
lsc.gov/find-legal-aid - Delaware Courts Self-Help:
courts.delaware.gov/help
Re-Entry Services:
- Delaware Center for Justice: 302-658-7174 — Re-entry support and record clearing assistance
- Project New Start: Employment assistance for individuals with criminal records
9. Controlling Statute Citations
| Statute | Topic |
|---|---|
| 11 Del.C. § 4372 | Applicability; definitions; effect of expungement |
| 11 Del.C. § 4373 | Mandatory expungement; application through SBI |
| 11 Del.C. § 4374 | Discretionary expungement; application to court |
| 11 Del.C. § 4375 | Discretionary expungement following a pardon |
| 11 Del.C. § 4376 | Disclosure of expunged records |
| 11 Del.C. § 4377 | Notification to federal government |
10. Disclaimer
This guide is for informational purposes only and does not constitute legal advice. Expungement law in Delaware is complex, and eligibility depends on specific facts about your case. For legal advice about your situation, contact a licensed Delaware attorney or Community Legal Aid Society.
This guide does not create an attorney-client relationship. Laws and procedures may change. Always verify current requirements with the Delaware State Bureau of Identification or the court where you plan to file.
Last updated: March 2026 | Jurist-Diction covers expungement documents for: NY, NJ, PA, MD, DE, MS, TN