Delaware Expungement Guide

Expunge Your Delaware Criminal Record

Delaware law (11 Del. C. § 4371 et seq.) was substantially reformed in 2021 to expand access to expungement. Delaware now has two paths: mandatory expungement (automatic or near-automatic for eligible cases) and discretionary expungement (petition-based for convictions). Many Delawareans who previously had no path to relief now qualify.

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Two Paths to Expungement in Delaware

Mandatory Expungement

§ 4372 — Automatic or by petition

Available for non-convictions (dismissed, nolle prosequi, acquittals) and certain minor violations. For non-convictions, expungement is automatically granted unless the State objects within the required period. For minor violations, a petition may be required but the court must grant it.

•Acquittals, dismissals, nolle prosequi
•Minor violations (certain civil offenses)
•Court must grant — not discretionary

Discretionary Expungement

§ 4373 — Petition-based, judge decides

Available for misdemeanor and certain felony convictions after required waiting periods. The court may grant expungement if it finds that continued existence of the criminal record creates an unreasonable burden on the petitioner's rehabilitation.

•Misdemeanors after 3 years
•Certain felonies after 7 years
•Judge has discretion to grant or deny

Delaware Expungement Eligibility — § 4373

Non-Conviction Records

Immediately / Mandatory

Charges dismissed, nolle prosequi entered, or verdict of acquittal — these are eligible for mandatory expungement. The record is not automatically purged; you must file a petition, but the court must grant it unless the State shows good cause within the required period.

Misdemeanor Convictions

3 years after sentence completed

After 3 years from completion of all sentencing requirements (including probation, fines, and any incarceration), you may petition for discretionary expungement of a misdemeanor conviction under § 4373. You must have no subsequent conviction during the 3-year period.

Class F & G Felonies (lowest tier)

7 years after sentence completed

The 2021 reforms extended discretionary expungement eligibility to Class F and Class G felonies (the two least serious felony classes in Delaware). After 7 years from sentence completion with no subsequent convictions, you may petition.

Class A–E Felonies

Generally NOT eligible

More serious felonies (Class A through E) are generally not eligible for expungement. However, consult an attorney — specific offenses within these classes may have changed eligibility under the 2021 reforms.

Sex Offenses / Violent Felonies

NOT eligible

Convictions for sex offenses requiring registration, murder, manslaughter, kidnapping, and similar serious violent felonies are categorically excluded from expungement eligibility in Delaware.

Marijuana Possession Convictions

Special rules — often immediately eligible

Following Delaware's marijuana legalization, prior convictions for possession of up to 1 ounce of marijuana are eligible for expungement under special provisions. The State must process these as mandatory expungements.

How to File for Expungement in Delaware

Obtain your Delaware criminal history record

Request a State Bureau of Identification (SBI) criminal history record through the Delaware State Police. This costs approximately $65 and shows all charges and dispositions. You need the case numbers, courts, and disposition dates for your petition.

File the petition in Superior Court

Expungement petitions in Delaware are filed in the Superior Court for the county where the offense occurred (New Castle, Kent, or Sussex). Download Form CR-99 (Petition for Expungement) from the Delaware Courts website at courts.delaware.gov. Filing fee: $112.

Serve the Attorney General's office

A copy of the petition must be served on the Attorney General's office. The AG has 60 days to object to the petition. If no objection is filed and the case meets mandatory criteria, the court may grant expungement without a hearing.

Hearing (if contested or discretionary)

For discretionary expungements, or if the AG objects, the court schedules a hearing. Bring evidence of rehabilitation: employment history, community service, character references, and evidence that the record impedes your opportunities.

Order issued and records purged

Once the Superior Court enters an Order of Expungement, the order is sent to the State Bureau of Identification, the Delaware Criminal Justice Information System (DELJIS), all law enforcement agencies, and the court of conviction. Records are purged and you may legally deny the arrest occurred.

Free Legal Help in Delaware

Community Legal Aid Society (CLASI)

302-575-0660

Free expungement assistance for qualifying low-income Delawareans statewide

Delaware Volunteer Legal Services

302-478-1040

Pro bono expungement clinics and referrals

Office of Defense Services — Reentry

ods.delaware.gov

Reentry resources including expungement guidance for people exiting the criminal justice system

Delaware Courts Website

courts.delaware.gov

Expungement forms (CR-99) and instructions free online for all counties

Clear Your Delaware Record

Delaware Expungement Documents

Get your Delaware expungement petition (CR-99), eligibility checklist, service instructions, and plain-English guide to the Delaware expungement process.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.