PETITION FOR EXPUNGEMENT

State of Delaware

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

IN RE: PETITION OF

[PETITIONER FULL NAME],

Petitioner.

CASE NO.: ________________

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS

I. PETITIONER INFORMATION

1. Petitioner, [FULL LEGAL NAME], submits this Petition for Expungement and states as follows:

2. Petitioner's date of birth is: [MONTH/DD/YYYY]

3. Petitioner's current address is: [STREET ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP CODE]

4. Petitioner's Social Security Number (last 4 digits): *--[LAST 4]

II. JURISDICTION AND VENUE

5. This Court has jurisdiction over this expungement petition pursuant to 11 Del.C. § 4374(c).

> 11 Del.C. § 4374(c) provides: "If any of the charges or convictions were not disposed of in Family Court, a petition under this section must be filed in the Superior Court for the county where the most recent case was terminated."

6. Venue is proper in [COUNTY] County because the case(s) sought to be expunged were terminated in this county.

III. CASE INFORMATION

7. Date of Arrest: [MONTH/DD/YYYY]

8. Arresting Agency: [NAME OF POLICE DEPARTMENT/AGENCY]

9. Case Number(s): [CASE NUMBER(S)]

10. Charge(s): [LIST ALL CHARGES]

11. Statute(s) Charged: [11 DEL.C. SECTION NUMBERS]

12. Court of Disposition: [SUPERIOR COURT / COURT OF COMMON PLEAS / FAMILY COURT / JUSTICE OF THE PEACE COURT]

IV. DISPOSITION

13. The disposition of the charge(s) was as follows (check one):

☐ Case Terminated in Favor of the Accused — As defined in 11 Del.C. § 4372(b):

> 11 Del.C. § 4372(b) provides that a case is "terminated in favor of the accused" if: (1) the accused is acquitted of all charges; (2) a nolle prosequi is entered on all charges; (3) the accused is placed on probation before judgment, fulfills the terms and conditions of probation, and the court enters an order discharging the person from probation; (4) all charges are otherwise dismissed; or (5) the accused is acquitted of one or more charges and other charges are dismissed.

• ☐ Acquitted of all charges on [DATE]
• ☐ Nolle prosequi entered on [DATE]
• ☐ Probation before judgment completed and discharged on [DATE]
• ☐ All charges dismissed on [DATE]
• ☐ No charges filed within 1 year of arrest (arrest date: [DATE])

☐ Convicted — Petitioner was convicted on [DATE] of:

• Offense: [NAME OF OFFENSE]
• Statute: [SECTION NUMBER]
• Classification: ☐ Violation ☐ Misdemeanor ☐ Felony

14. Sentence Imposed (if applicable):

• [ ] Fine: $[AMOUNT]
• [ ] Probation: [LENGTH]
• [ ] Incarceration: [LENGTH]
• [ ] None

15. Date of Completion of Sentence (including payment of all fines and completion of probation): [DATE]

16. Date of Release from Incarceration (if applicable): [DATE]

V. ELIGIBILITY FOR EXPUNGEMENT

17. Petitioner is eligible for expungement under the following provision:

☐ MANDATORY EXPUNGEMENT — 11 Del.C. § 4373(a):

> 11 Del.C. § 4373(a)(1) provides: "On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case, even if a person has prior or subsequent convictions that are ineligible for expungement, if all other charges in the case are eligible for expungement under this subchapter, and 1 or more of the following apply: a. The person was arrested or charged with the commission of 1 or more crimes and the case is terminated in favor of the accused."

• ☐ Case terminated in favor of the accused
• ☐ Convicted of violation(s), 3 years have passed since conviction
• ☐ Convicted of marijuana possession or drug paraphernalia possession
• ☐ Convicted of underage possession/consumption of alcohol

☐ MANDATORY EXPUNGEMENT (No Prior/Subsequent Convictions) — 11 Del.C. § 4373(a)(2):

• ☐ Convicted of misdemeanor(s), 5 years have passed since conviction
• ☐ Convicted of drug possession under 16 Del.C. § 4756, 5 years have passed
• ☐ Convicted of eligible felony, 10 years have passed since conviction or release

☐ DISCRETIONARY EXPUNGEMENT — 11 Del.C. § 4374(a):

> 11 Del.C. § 4374(a) provides: "Upon petition to the appropriate court... an expungement may be granted if the applicant meets 1 of the following: (1) Was convicted of 1 or more misdemeanors other than those listed in § 4373(b) of this title relating to the same case and at least 3 years have passed since the date of conviction or the date of release from incarceration, whichever is later, and the person has no prior or subsequent convictions."

• ☐ Misdemeanor conviction(s), 3+ years since conviction/release, no prior/subsequent convictions
• ☐ Misdemeanor conviction (listed in § 4373(b)), 7+ years since conviction/release, no prior/subsequent convictions
• ☐ Felony conviction (eligible), 7+ years since conviction/release, no prior/subsequent convictions

18. Waiting Period Compliance:

• ☐ The required waiting period has elapsed since the date of conviction, dismissal, or release from incarceration
• ☐ No waiting period required (case terminated in favor of accused)

19. Petitioner has ☐ NO prior or subsequent convictions that would bar expungement.

If YES, list: [NATURE, DATE, COURT]

20. Petitioner certifies that the conviction(s) sought to be expunged is/are NOT among those excluded under 11 Del.C. § 4372(f) or § 4373(b), including:

• ☐ Not a crime of domestic violence
• ☐ Not a crime requiring sex offender registration
• ☐ Not murder, manslaughter, assault, kidnapping, rape, or other excluded violent felony
• ☐ Not DUI/DWI

VI. REQUEST FOR RELIEF

21. Petitioner requests that the Court order the expungement of all records relating to the case described herein, pursuant to 11 Del.C. § 4372(c)(4):

> 11 Del.C. § 4372(c)(4) provides: "'Expungement' means that all law-enforcement agency records and court records relating to a case in which an expungement is granted, including any electronic records, are destroyed, segregated, or placed in the custody of the State Bureau of Identification, and are not released in conjunction with any inquiry beyond those specifically authorized under this subchapter."

22. Upon expungement, Petitioner will not be required to disclose the arrest, charge, or conviction as provided in 11 Del.C. § 4372(d):

> 11 Del.C. § 4372(d) provides: "Except as otherwise provided under § 4376(a) of this title, a person is not required to disclose, nor should the person be asked to disclose, to anyone for any purpose that the person was arrested for, charged with, or convicted of an offense for which records have been expunged under this subchapter."

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

A. Grant this Petition for Expungement;

B. Order the expungement of all court records, law enforcement records, and other records relating to the charges described herein;

C. Order that all records be destroyed, segregated, or placed in the custody of the State Bureau of Identification;

D. Grant such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF DELAWARE

[COUNTY] COUNTY

I, [PETITIONER FULL NAME], declare under penalty of perjury under the laws of Delaware that the foregoing is true and correct to the best of my knowledge, information, and belief.

I understand that false statements made in this document are punishable under 11 Del.C. § 1221 (Perjury), a class A misdemeanor, which may result in imprisonment of up to 1 year and/or a fine of up to $2,300.

Executed this ___ day of _____________, 20___.

________________________________

[PETITIONER SIGNATURE]

[PRINTED NAME]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE]

CERTIFICATE OF SERVICE

I, [PETITIONER FULL NAME], hereby certify that on [DATE], I served a copy of this Petition for Expungement upon:

Delaware Department of Justice

Office of the Attorney General

[COUNTY] County Office

[ADDRESS]

By the following method:

☐ First Class Mail

☐ Hand Delivery

________________________________

[PETITIONER SIGNATURE]

[DATE]

FILING INSTRUCTIONS

Where to File

For Superior Court cases (felonies, most misdemeanors):

For Family Court cases (juvenile matters):

Filing Fee: Approximately $75 (check with court for current fee)

Fee Waiver: If you cannot afford the fee, ask for an In Forma Pauperis (IFP) application.

Required Documents to File

1. Original Petition for Expungement (this document, signed and notarized if required)
2. Filing fee payment or IFP application
3. Self-addressed stamped envelope for return of filed copy

After Filing

1. The Department of Justice will be notified and may object
2. If no objection, the court may grant without a hearing
3. If objection is filed, a hearing will be scheduled
4. If granted, the State Bureau of Identification will process the expungement

Timeline

• Mandatory expungement (terminated in favor of accused): No waiting period
• Mandatory expungement (violation): 3 years from conviction
• Mandatory expungement (misdemeanor): 5 years from conviction
• Discretionary expungement (misdemeanor): 3-7 years from conviction
• Records expunged: Within 60 days of order

Resources

• Delaware State Bureau of Identification: 302-739-2528
• DE Courts Self-Help: courts.delaware.gov/help
• Community Legal Aid Society: 302-575-0660 | declasi.org
• Legal Services Corporation of DE: 302-658-8856 | lsccd.org

Jurisdiction-correct document templates. Not legal advice.

Document Version: DE-EXP-2026-01

Last Updated: March 2026