Expunging a Criminal Record in Delaware (2026)
Reviewed by DocDraft Legal Team · Delaware · Last updated August 19, 2026
Delaware clears qualifying criminal records through expungement, which removes the record from public access, under Title 11, Chapter 43, Subchapter VII of the Delaware Code. Relief comes in two tracks: mandatory expungement handled by the State Bureau of Identification for many non-convictions and lower-level cases under 11 Del. C. 4373, and discretionary expungement by petition to the Superior Court under 11 Del. C. 4374. Waiting periods run 3 years for violations, 5 years for misdemeanors, and 7 years for eligible felonies. Under the Clean Slate Act (SB 111, 11 Del. C. 4373A), the State Bureau of Identification has been automatically expunging mandatory-eligible cases monthly since August 1, 2024. Serious violent felonies, sex offenses, and certain domestic-violence and child-victim crimes are excluded.
Find out where you stand in Delaware
What are you trying to clear?
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What record-clearing relief does Delaware offer and what is it called?
Delaware calls its relief expungement, under 11 Del. C. 4372 to 4374. It comes in two tracks: mandatory expungement processed by the State Bureau of Identification, and discretionary expungement by petition to the Superior Court. Expungement removes the record from public access rather than always physically destroying it.
What convictions are eligible and what is the waiting period to expunge in Delaware?
In Delaware, mandatory expungement covers many non-convictions plus violations after 3 years and misdemeanors after 5 years. Discretionary expungement to the Superior Court covers a single misdemeanor after 3 years, multiple cases after 5 years, and an eligible felony after 7 years, with no other convictions.
Can you expunge a felony conviction in Delaware?
Sometimes. Under 11 Del. C. 4374, a Delaware felony may qualify for discretionary expungement if at least 7 years have passed since conviction or release, whichever is later, and you have no other convictions. Serious violent felonies under Title 11, sex offenses, and certain assault crimes are excluded and cannot be expunged.
Does Delaware have automatic 'clean slate' expungement?
Yes. Delaware's Clean Slate Act (SB 111), codified at 11 Del. C. 4373A, directs the State Bureau of Identification to identify and automatically expunge mandatory-eligible adult and juvenile cases on a monthly basis. That automatic process began August 1, 2024, so many eligible records clear without any petition or fee.
Delaware's Two-Track Expungement: Mandatory SBI, Discretionary Superior Court, and Clean Slate
Delaware clears records through expungement under Title 11, Chapter 43, Subchapter VII, and splits it into two tracks. Mandatory expungement under 11 Del. C. 4373 is handled by the State Bureau of Identification and covers many non-convictions along with violations after 3 years and misdemeanors after 5 years, when the person has no prior or subsequent convictions. Discretionary expungement under 11 Del. C. 4374 is a petition filed in the Superior Court for the county where the most recent case was terminated: a single misdemeanor after 3 years, multiple cases after 5 years, and an eligible felony after 7 years, measured from conviction or release, whichever is later. Excluded from relief are crimes of domestic violence, child-victim and vulnerable-adult offenses, and, on the felony side, Title 11 serious violent felonies, sex offenses, and listed assault crimes. Delaware also runs an automatic 'Clean Slate' program under 11 Del. C. 4373A (SB 111): since August 1, 2024, the State Bureau of Identification identifies and expunges mandatory-eligible cases every month with no petition. The State Bureau of Identification, within the Delaware State Police, is the repository that maintains criminal history and carries out the expungement once ordered or automatically triggered. Expungement removes the record from public access, but law enforcement and some agencies may still retain or view it in limited circumstances.
Relevant Laws
Delaware Expungement Statute (11 Del. C. 4372-4374)
Title 11, Chapter 43, Subchapter VII governs expungement of criminal records in Delaware. Section 4372 sets applicability, definitions, and the effect of expungement; 4373 provides mandatory expungement through the State Bureau of Identification; and 4374 provides discretionary expungement by petition to the Superior Court.
Clean Slate Automatic Expungement (11 Del. C. 4373A, SB 111)
The Clean Slate Act, codified at 11 Del. C. 4373A, directs the State Bureau of Identification to identify and automatically expunge mandatory-eligible adult and juvenile cases on a monthly basis. The automatic program began August 1, 2024, clearing eligible records without a petition or hearing.
Eligibility and Waiting Periods (11 Del. C. 4373 and 4374)
Mandatory expungement under 4373 applies to violations after 3 years and misdemeanors after 5 years. Discretionary expungement under 4374 applies to a single misdemeanor after 3 years, multiple cases after 5 years, and an eligible felony after 7 years, measured from conviction or release, with no other convictions.
No General Federal Expungement of State Records
There is no general federal law to expunge a Delaware state conviction; record clearing is set by Delaware law under 11 Del. C. 4372-4374. Delaware also excludes serious violent felonies, sex offenses, and certain domestic-violence and child-victim crimes from expungement under 4373(b) and 4374(b).
Regional Variances
Delaware Expungement Eligibility Table
Mandatory expungement (SBI)
Under 11 Del. C. 4373, the State Bureau of Identification handles mandatory expungement for many non-convictions and for convictions of 1 or more violations after 3 years, or 1 or more misdemeanors in the same case after 5 years, when the person has no prior or subsequent convictions. This track does not require a court petition.
Discretionary expungement and waiting periods (Superior Court)
Under 11 Del. C. 4374, a petition is filed in the Superior Court for the county where the most recent case was terminated. Waiting periods run from conviction or release, whichever is later: a single eligible misdemeanor after 3 years, violations or misdemeanors across multiple cases after 5 years, and an eligible felony after 7 years, with no other convictions.
Automatic Clean Slate expungement
Under 11 Del. C. 4373A (SB 111), the State Bureau of Identification has identified and automatically expunged mandatory-eligible adult and juvenile cases every month since August 1, 2024. No petition, hearing, or court filing fee is required for records that qualify for automatic mandatory expungement.
Excluded offenses
Delaware excludes crimes of domestic violence, child-victim and vulnerable-adult offenses, and certain listed misdemeanors from mandatory relief under 11 Del. C. 4373(b). On the felony side, 4374(b) excludes Title 11 serious violent felonies, sex offenses, and listed assault crimes, which cannot be expunged through the discretionary track.
Repository and effect of expungement
The State Bureau of Identification, within the Delaware State Police, is the repository that maintains criminal history and carries out each expungement once ordered or automatically triggered. Expungement removes the record from public access under 11 Del. C. 4372, but law enforcement and certain agencies may retain or access it in limited, legally authorized situations.
Suggested Compliance Checklist
Confirm your Delaware track, offense class, and waiting period
Before you file or apply days after startingDetermine whether your case is a non-conviction, violation, misdemeanor, or felony and check the clock under 11 Del. C. 4373 and 4374: 3 years for violations or a single misdemeanor, 5 years for misdemeanors or multiple cases, and 7 years for an eligible felony. Confirm the offense is not an excluded domestic-violence, sex, or serious violent crime.
Order your certified Delaware criminal history from the SBI
Before assembling the petition days after startingRequest a recent certified criminal history from the State Bureau of Identification, the state repository within the Delaware State Police. Delaware requires it to support an expungement filing, and it lets you confirm the exact cases and charges, and whether automatic Clean Slate expungement has already cleared any of them.
Prepare the correct Delaware expungement forms
Before filing days after startingFor discretionary relief, complete the Delaware Superior Court adult expungement petition and instruction packet from the Delaware Courts self-help materials, with the required supporting documents. For mandatory relief, prepare the State Bureau of Identification application. Confirm you are using the current versions of the forms.
File in the correct Delaware court and pay or waive the fee
When your waiting period is met days after startingFile a discretionary petition in the Superior Court for the county where your most recent case was terminated under 11 Del. C. 4374(c), and pay the filing fee or ask about a fee waiver. Mandatory expungement is submitted through the State Bureau of Identification. Automatic Clean Slate cases require no filing.
Confirm service and that the record is updated
After filing and after any order days after startingEnsure the Delaware Department of Justice is served on a discretionary petition and be ready for a possible hearing or objection. After an order or automatic expungement, verify the State Bureau of Identification has updated your Delaware criminal history. An attorney can help if your petition is contested or an excluded offense is at issue.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your Delaware track, offense class, and waiting period | Determine whether your case is a non-conviction, violation, misdemeanor, or felony and check the clock under 11 Del. C. 4373 and 4374: 3 years for violations or a single misdemeanor, 5 years for misdemeanors or multiple cases, and 7 years for an eligible felony. Confirm the offense is not an excluded domestic-violence, sex, or serious violent crime. | - | Before you file or apply |
| Order your certified Delaware criminal history from the SBI | Request a recent certified criminal history from the State Bureau of Identification, the state repository within the Delaware State Police. Delaware requires it to support an expungement filing, and it lets you confirm the exact cases and charges, and whether automatic Clean Slate expungement has already cleared any of them. | - | Before assembling the petition |
| Prepare the correct Delaware expungement forms | For discretionary relief, complete the Delaware Superior Court adult expungement petition and instruction packet from the Delaware Courts self-help materials, with the required supporting documents. For mandatory relief, prepare the State Bureau of Identification application. Confirm you are using the current versions of the forms. | - | Before filing |
| File in the correct Delaware court and pay or waive the fee | File a discretionary petition in the Superior Court for the county where your most recent case was terminated under 11 Del. C. 4374(c), and pay the filing fee or ask about a fee waiver. Mandatory expungement is submitted through the State Bureau of Identification. Automatic Clean Slate cases require no filing. | - | When your waiting period is met |
| Confirm service and that the record is updated | Ensure the Delaware Department of Justice is served on a discretionary petition and be ready for a possible hearing or objection. After an order or automatic expungement, verify the State Bureau of Identification has updated your Delaware criminal history. An attorney can help if your petition is contested or an excluded offense is at issue. | - | After filing and after any order |
Frequently Asked Questions
Costs depend on the track. Mandatory expungement through the State Bureau of Identification and automatic Clean Slate expungement carry the State Bureau of Identification's processing fee, and automatic cases require no petition. A discretionary petition to the Superior Court has a court filing fee. If you cannot afford the fee, ask the Delaware court about a waiver.
Timing varies. Automatic Clean Slate expungement under 11 Del. C. 4373A runs on a monthly cycle at the State Bureau of Identification once your case is eligible. A discretionary Superior Court petition takes longer because the Delaware Department of Justice is served and may object, and the court may set a hearing before ruling, often several months from filing.
An expungement in Delaware removes the record from public access, so most employers, landlords, and background checks will not see it. However, expungement is not always full destruction, and law enforcement and certain agencies may retain or access the record in limited situations authorized by law, such as later criminal proceedings or specific licensing decisions.
Generally yes for most purposes. Once a Delaware record is expunged, you may typically answer questions about that arrest or conviction as if it did not occur on most job and housing applications. Some regulated contexts, such as law-enforcement or certain professional-licensing questions, may still require disclosure, so read each application carefully.
Not automatically. A Delaware expungement clears the criminal record, but firearm eligibility is a separate question governed by state and federal law, and some prohibitions can persist independently of the record. Because firearm rights turn on the specific offense and both state and federal restrictions, an attorney can help you confirm whether your rights are restored.
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