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Delaware

Adult Criminal Record Clearance Overview

Delaware law allows some criminal records to be expunged from both the court record and the State Bureau of Identification (SBI). You must file a petition in the court and with the State Bureau of Identification to start the process for each. 

  • Adult criminal records for cases in which you were convicted and later received a pardon can be expunged in some situations. You must file a petition in court to start the process, and it is up to the judge whether to grant your petition. 
  • If you were convicted of a felony and have no prior or subsequent convictions, your record will be expunged once 10 years have passed from the date of conviction or release from incarceration, whichever is later. You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will approve your application. 
  • If you were convicted of drug possession and have no prior or subsequent convictions, your record will be expunged once 5 years have passed from the date of conviction. You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will approve your application. 
  • If you were convicted of marijuana possession before July 31, 2019, and were under the age of 21 at the time of the offense may, upon reaching the age of 21, your record will be expunged if you are otherwise eligible for mandatory expungement. You must file an application with the SBI to start the process. If you meet the criteria, the SBI will approve your application. 
  • With certain exceptions, if you were charged in criminal court and successfully completed probation before judgment, the record can be expunged immediately. 
  • You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will approve your application. 
  • You must file a petition with the criminal court to start the process of expunging your court record. It is up to the court to determine whether to grant your petition.
  • With certain exceptions, if you were charged in family court and successfully completed probation before judgment, the record can be expunged immediately.  
  • You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will grant your petition. 
  • You must file a petition with the family court to start the process of expunging your court record. It is up to the judge to determine whether to grant your petition.
  • With certain exceptions, if you were arrested for an offense and charged in criminal court but not convicted, the record can be expunged immediately.  
  • You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will approve your application. 
  • You must file a petition with the criminal court to start the process of expunging your court record. It is up to the judge to determine whether to grant your petition.
  • With certain exceptions, if you were arrested for an offense and charged in family court but not convicted, the record can be expunged immediately.  
  • You must file an application with the SBI to start the process of expunging your SBI record. If you meet the criteria, the SBI will approve your application. 
  • You must file a petition with the family court to start the process of expunging your court record. It is up to the judge to determine whether to grant your petition. 

Delaware law allows some charges and proceedings to be dismissed if the petitioner has completed certain programs, terms, or conditions.  

  • Any person who has not received a previous conviction related to a controlled dangerous substance and who completes in the first offender program under title 16, will be discharged from the court and have the proceedings against them dismissed.  You must file a petition in court to start the process, and it is up to the judge to determine whether to grant your petition.  
  • A person who is charged with certain driving related offenses will have their charges and proceedings dismissed if he or she has completed the terms and conditions of probation and successfully completed the first offender program. You must file a petition in court to start the process, and it is up to the judge to determine whether to grant your petition. 
  • A person who is charged with domestic violence will have his or her charges and proceedings dismissed if he or she has completed the terms and conditions of probation and successfully completed the first offender program. You must file a petition in court to start the process, and it is up to the judge to determine whether to grant your petition.  

A person charged with certain offenses in criminal court can have their record be expunged by the State Bureau of Investigation immediately after the case is terminated in their as long he or she has not been convicted of any crime since the termination. An application must be filed with the State Bureau of Identification and must include a copy of state criminal history.  

Adult Criminal Record Clearance Policies

Records of a misdemeanor or violation conviction for which a pardon was received can be expunged by the Superior Court. 11 Del. C. § 4375.
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Records relating to a Family Court misdemeanor conviction or violation that was pardoned can be expunged by the Family Court. 10 Del. C. § 1025(f). See 10 Del. C. § 922 for the Family Court's jurisdiction.
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Upon application, records of a single marijuana possession conviction that occurred before December 18, 2015 are expunged by the State Bureau of Identification immediately, provided that the person is otherwise eligible for mandatory expungement under 11 Del. C. section 4373. 16 Del. C. § 4764(j).
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Records relating to a conviction that resulted from being a victim of human trafficking can be vacated and expunged by the court immediately. 11 Del. C. § 787(j).
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Records related to drug possession can be expunged if the person has no prior or subsequent convictions and 5 years have passed since the date of conviction. 11 Del. C. § 4373(2)(b).
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Records related to certain felonies can be expunged if the person has no prior or subsequent convictions and 10 years have passed since the date of conviction or release from incarceration, whichever is later. 11 Del. C. § 4373(2)(c).
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Records relating to certain misdemeanors and lesser offenses charged in criminal court that were discharged following completion of probation before judgment can be expunged by the State Bureau of Investigation, so long as the petitioner has not been convicted of any crime since the date the case was discharged. 11 Del. C. §§ 4218, 4372, 4373.
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Records relating to a case discharged by the criminal court following successful completion of probation before judgment can be expunged by the court immediately following discharge of the case. 11 Del. C. §§ 4218, 4372, 4374.
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Records related to certain misdemeanors and lesser offenses charged in family court that were discharged after completion of probation before judgment can be expunged by the State Bureau of Identification if the petitioner has not been convicted of any crime since the discharge. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for the Family Court's jurisdiction.
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Records related to a charge not covered by mandatory expungement that was discharged after the completion of probation before judgment can be expunged by the Family Court. 10 Del. C. § 1025(e). See 10 Del. C. § 922 for the Family Court's jurisdiction.
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Records relating to certain misdemeanors and lesser offenses charged in criminal court can be expunged by the State Bureau of Investigation immediately after the case is terminated in favor of the accused as defined in section 4372, so long as the petitioner has not been convicted of any crime since the termination. 11 Del. C. § 4373.
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Records relating to a case charged in criminal court can be expunged by the court immediately following termination of the case in favor of the accused as defined in section 4372. 11 Del. C. § 4374.
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Records relating to certain misdemeanors and lesser offenses charged in family court can be expunged by the State Bureau of Identification immediately following termination of the case in favor of the accused, so long as the petitioner has not been convicted of any crime since the case terminated. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for Family Court jurisdiction.
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Records relating to a charge that was not covered by a mandatory expungement policy and was terminated in favor of the accused as defined in section 1025(b) can be expunged by the Family Court. 10 Del. C. § 1025(e). See 10 Del. C. § 922 for Family Court jurisdiction.
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be expunged in Delaware. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

Read the legal policies and statutes for detailed statutory information. 

Juvenile Record Clearance Policies Overview 

Most juvenile records can be expunged. 

 

 

  • If your record has violations and you were never adjudicated (not found guilty), your record can be expunged at any time after the charges are dismissed. You must submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria. 
  • If your record includes felonies and you were never adjudicated (not found guilty), your record can be expunged any time after the charges are dismissed. You must submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria.  
  • If your record only has one adjudication (guilty finding), your record can be expunged three years after you are adjudicated (found guilty). You must submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria. This does not apply to you if your adjudication was for a felony sex offense. 
  • If you were adjudicated (found guilty) of only one misdemeanor sex offense, your record can be expunged three years after you are adjudicated (found guilty). You must submit a request to the court to start the process, and it is up to the judge to determine whether or not to grant your request. 
  • If you were adjudicated (found guilty) for only one felony sex offense, your record can be expunged five years after your adjudication. You must submit a request to the court to start the process, and it is up to the judge to determine whether to grant your request. 
  • If you were adjudicated (found guilty) of more than one offense, your record can be expunged five years after the most recent adjudication (guilty finding). You must submit a request to the court to start the process, and it is up to the judge to determine whether to grant your request. This does not apply to you if you were adjudicated of a violent felony or felony sex offense. 
  • If you were adjudicated (found guilty) of more than one offense and at least one of those offenses was a violent felony or felony sex offense, your record can be expunged seven years after the most recent adjudication (guilty finding). You must submit a request to the court to start the process, and it is up to the judge to determine whether to grant your request. 
  • A child under 12 years old who charged with a violent felony or misdemeanor, can get their record expunged and their charges dismissed if he or she is deemed incompetent by the Court. The Attorney General must submit a petition behalf of the child and it is up to the judge to determine whether to grant the request. 

You may not be eligible for expungement if you have certain convictions or adjudications on your record or have pending criminal charges. Most traffic offenses cannot be expunged. 

Find a Lawyer 

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

Court Forms and Resources 

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

 

 

Juvenile Record Clearance Policies

A record relating to only one felony, misdemeanor, or violation case will be expunged upon petition after three years since the date of adjudication, provided that the petitioner meets certain requirements. 10 Del.C. § 1017(a)(3).
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Records relating to no more than one case which resulted in adjudication of delinquency for a felony sex offense can be expunged, so long as five years have elapsed since the adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(3).
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Records relating to multiple adjudications for cases can be expunged, so long as five years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4).
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A record relating to a single case that resulted in an adjudication of delinquency for a misdemeanor sex offense can be expunged, if at least three years have passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(2).
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A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner can be expunged during the Court proceeding at which the case was terminated. 10 Del. C. § 1017(a).
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Records relating to multiple adjudications for cases that include Title 11 violent felonies and felony sex offenses can be expunged, so long as seven years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4).
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An adjudication for prostitution, loitering, or obscenity can be vacated by the court, and the related records can be expunged, after two years. 11 Del. C. § 787(j).
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A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner will be expunged. 10 Del. C. § 1017(a).
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A record relating to felony, misdemeanor, and violation cases that were terminated in favor of petitioner will be expunged upon petition after one year since the last felony case was terminated. 10 Del.C. § 1017(a).
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A record relating to only felony, misdemeanor, or violation cases which were terminated in favor of the petitioner can be expunged if less than one year has passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(1).
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Records relating to a single case that resulted in an adjudication of delinquency for a violent felony, as defined in section 1016, can be expunged, so long as three years have passed since adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(2).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

APEX: Advancement through Pardon and Expungement

Service area: Kent County

APEX: Advancement through Pardon and Expungement

Service area: New Castle County

APEX: Advancement through Pardon and Expungement

Service area: Sussex County

Office of Defense Services

Service area: Statewide Clearance services available for those with juvenile records.

Court Forms & Resources

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CSG Justice Center

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