Delaware Criminal Record Expungement Packet — LSC-Grade Self-Help Guide
Jurisdiction-correct document templates. Not legal advice.
1. Eligibility Checker — Who Can Get Their Record Expunged in Delaware?
You ARE eligible for MANDATORY expungement (SBI processes automatically) if:
- 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:
Waiting Periods Summary:
File at: Delaware court finder: https://courts.delaware.gov/courts/
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
- 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
Step 2: Determine Which Type of Expungement You Need
Step 3: Gather Required Documents
Step 4: Submit Your Application
- Complete the Expungement Application
- Attach required documents
- Submit to Delaware State Bureau of Identification
- Pay processing fee (or apply for fee waiver)
- Complete the Petition for Expungement
- File with the court where your conviction occurred:
Step 5: Wait for Processing
Step 6: Attend Hearing (Discretionary Only)
5. Filing Checklist
- [ ] 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)
LEGAL AID
- Community Legal Aid Society (CLASI): declasi.com · (302) 575-0400
- Delaware Volunteer Legal Services: dvls.org · (302) 478-8850
- Legal Services Corp of DE: lscd.org · (302) 654-5410
- DE Courts Self-Help: courts.delaware.gov/selfhelp
*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.
Verify current law before filing. For legal advice contact a licensed Delaware attorney or legal aid. jurist-diction.com*