How to File for Expungement in Delaware

A Plain-Language Guide for Self-Represented Persons

What This Document Does

This guide helps you clear (expunge) your criminal record in Delaware. Expungement means the court orders your records to be destroyed or sealed — employers, landlords, and most others won't be able to see them. After expungement, you don't have to tell anyone about the arrest or conviction.

This is not legal advice. Some cases are complicated. If you're unsure about your eligibility, consider talking to a lawyer or legal aid.

When to Use This Guide

Use this guide if:

• You were arrested but never charged (no charges filed within 1 year)
• Your case was dismissed or you were acquitted (found not guilty)
• The State entered a nolle prosequi (dropped the charges)
• You completed probation before judgment (PBJ)
• You were convicted of a misdemeanor and enough time has passed
• You were convicted of certain felonies and enough time has passed

Do NOT use this guide if:

• You were convicted of murder, manslaughter, rape, kidnapping, or other serious violent crimes
• You were convicted of a crime requiring sex offender registration
• You were convicted of domestic violence
• You were convicted of DUI/DWI
• You have pending criminal charges

Before You Start

Gather this information:

Delaware State Bureau of Identification (SBI): 302-739-2528

You can request your criminal history from SBI.

Know the waiting periods:

Step-by-Step Instructions

Step 1: Check Your Eligibility

MANDATORY EXPUNGEMENT (SBI processes automatically)

You qualify if:

• [ ] Your case was dismissed, acquitted, or charges dropped
• [ ] You completed probation before judgment
• [ ] You were convicted of a violation (minor offense) — 3+ years ago
• [ ] You were convicted of marijuana or paraphernalia possession
• [ ] You were convicted of underage drinking

MANDATORY EXPUNGEMENT (Requires application, no prior/subsequent convictions)

You qualify if:

• [ ] Misdemeanor conviction — 5+ years since conviction
• [ ] Drug possession — 5+ years since conviction
• [ ] Certain felonies (drug crimes, forgery, theft) — 10+ years since conviction

DISCRETIONARY EXPUNGEMENT (Judge decides)

You qualify if:

• [ ] Misdemeanor — 3+ years, no other convictions
• [ ] Certain felonies — 7+ years, no other convictions

Step 2: Determine Where to File

SBI Address:

Delaware State Bureau of Identification

P.O. Box 271

Dover, DE 19903

Phone: 302-739-2528

Superior Court Addresses:

Step 3: Fill Out the Petition

On the first page:

1. Write your county: "New Castle," "Kent," or "Sussex"
2. Write your full legal name as "Petitioner"
3. Leave the case number blank — the court will assign this

Section I (Petitioner Information):

• Write your full legal name
• Write your date of birth
• Write your current address
• Write the last 4 digits of your Social Security Number

Section II (Jurisdiction):

• Check why you're filing in this county

Section III (Case Information):

• Write the exact date you were arrested
• Write the name of the police department
• Write the case number from court documents
• List all the charges against you
• Write the statute numbers (example: 11 Del.C. § 1234)

Section IV (Disposition):

Check what happened:

• Acquitted = Found not guilty
• Nolle prosequi = State dropped the charges
• Dismissed = Charges thrown out
• Probation before judgment = You got probation instead of conviction
• Convicted = Found or pled guilty

Write the date this happened.

Section V (Eligibility):

• Check the box that matches your situation
• Confirm the waiting period has passed
• Confirm you have no disqualifying convictions

Sign and date the Verification page.

Step 4: Make Copies

Make copies for:

1. Original — for the court
2. Copy for yourself
3. Copy for Department of Justice (if filing in court)

Total: 2-3 copies

Step 5: File with the Court

What to bring:

• Original petition (signed)
• Copies for all parties
• Filing fee: $75 (check with court for current amount)
• If you can't afford the fee, ask for a fee waiver application

What happens:

1. Clerk reviews your petition
2. You pay the filing fee
3. Clerk assigns a case number
4. Department of Justice is notified

Step 6: Wait for Response

Timeline:

If no objection:

• The court may grant your petition without a hearing
• You'll receive a copy of the expungement order

If objection:

• The court will schedule a hearing
• You must attend
• The judge will decide

Step 7: After the Order

If granted:

1. Keep your copy of the expungement order in a safe place
2. The State Bureau of Identification has 60 days to process
3. All records will be destroyed or sealed

What expungement means:

> Delaware law says: "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."

• You can answer "No" when asked about arrests or convictions
• The records won't appear on most background checks
• The records are destroyed or sealed and only accessible in limited circumstances

What to Expect

Timeline:

Costs:

Where to Get Help

Free Legal Help:

Court Resources:

Common Questions

Q: What's the difference between mandatory and discretionary expungement?

A: Mandatory means the court/SBI MUST grant it if you meet the requirements. Discretionary means the judge decides — they can say yes or no.

Q: Can I expunge multiple cases at once?

A: It depends. You may be able to if you have no other convictions and all cases are eligible.

Q: Will expungement completely erase my record?

A: The records are destroyed or sealed. They won't appear on most background checks. Law enforcement can still access them in limited circumstances.

Q: What if I was convicted of DUI?

A: DUI/DWI convictions are generally not eligible for expungement in Delaware.

Q: Do I need a lawyer?

A: No, you can file on your own. But if your case is complicated or the State objects, a lawyer can help.

Q: Can I file for mandatory expungement through SBI instead of court?

A: Yes! If your case was terminated in favor of the accused (dismissed, acquitted, etc.), you can apply directly to the State Bureau of Identification.

Important Reminders

• Be completely honest on your petition. False statements are crimes.
• Wait the required time. Filing too early will get your petition rejected.
• File in the right place. Superior Court for most adult cases, Family Court for juvenile cases.
• Keep copies of everything. You may need them later.

Disclaimer

This guide provides general information about expungement in Delaware. It is not legal advice and does not create an attorney-client relationship. Laws change, and every situation is different. If you have questions about your specific circumstances, please consult with a licensed attorney in Delaware.

Expungement eligibility depends on specific facts about your case. This guide does not guarantee that you are eligible for expungement.

Document Version: DE-EXP-GUIDE-2026-01

Last Updated: March 2026

Jurisdiction: State of Delaware