How to Clear Your Criminal Record in Delaware

What You Need to Know First

Automatic expungement launched August 1, 2024. Delaware's State Bureau of Identification now identifies eligible cases monthly and expunges them automatically — no action needed from you. This covers the same records eligible for mandatory expungement. Check your SBI criminal history to see if your record has already been automatically expunged. If it hasn't yet, you can still apply manually without waiting.

Delaware expungement means records are destroyed. When expungement is granted in Delaware, all law enforcement agency records and court records relating to the case — including electronic records — are destroyed, segregated, or placed under sealed SBI custody. All agencies must reply to non-law-enforcement inquiries that no record exists. You are not required to disclose expunged arrests or convictions to anyone for any purpose.

10-year bar on repeat expungements. Once you receive a conviction expungement, you cannot receive another conviction expungement for 10 years. This applies to expungements granted after December 27, 2019. Plan strategically if you have multiple conviction records — you may want to address the most impactful conviction first.

Delaware has three pathways for clearing a criminal record, each suited for different offense types.

Automatic Expungement

§ 4373A — SINCE AUG. 2024, MONTHLY

SBI identifies and expunges eligible records monthly without any action from you. Covers the same records eligible for mandatory expungement. Check your SBI record to confirm. If your record hasn't been automatically processed yet, you can still apply under § 4373 without waiting.

Mandatory Expungement

§ 4373 — APPLY TO SBI, NOT COURT

For non-convictions, violations, most misdemeanors, and select felonies. Apply directly to the State Bureau of Identification — no court petition needed. Expungement is required if you meet the criteria — SBI has no discretion to deny. Faster and simpler than the court process.

Discretionary Expungement

§ 4374 — PETITION SUPERIOR/FAMILY COURT

For records not covered by mandatory expungement — including felonies and cases with prior/subsequent convictions. File a petition in Superior or Family Court. The Attorney General has 120 days to respond. Judge weighs the interests of justice. Victim input is sought.

Probation Before Judgment (PBJ) — Delaware's Best Pre-Conviction Tool

Probation Before Judgment (PBJ) under § 4372(b)(3) is one of Delaware's most valuable tools. If a court places you on probation before entering a judgment of guilt and you fulfill all conditions, the court enters an order discharging you from probation. The case is then "terminated in favor of the accused" — qualifying for mandatory expungement immediately. No conviction is ever formally entered. If you are currently facing charges, ask your attorney about PBJ eligibility.

What Can — and Can't — Be Expunged

ELIGIBLE FOR MANDATORY EXPUNGEMENT (§ 4373)

Acquittals, nolle prosequi, dismissed charges — immediately
Probation Before Judgment (PBJ) completion — immediately
Arrest with no charges filed within 1 year — immediately
Violation conviction (single case) — after 3 years
Marijuana possession / drug paraphernalia conviction
Underage alcohol possession/consumption conviction
Single misdemeanor conviction (no other convictions) — after 5 years
Multiple violations/misdemeanors (same case, no other convictions) — after 5 years
Select felony convictions (theft, forgery, drug possession) — after 10 years

NOT ELIGIBLE FOR ANY EXPUNGEMENT

Violent felonies listed in 11 Del. C. § 4201(c)
Sex offenses (misdemeanor or felony)
Felony convictions involving physical or sexual assault (Beau Biden Act)
Crimes of domestic violence
Traffic offenses under Title 21 (generally)
Pending criminal charges
Conviction expungement within the last 10 years (10-year bar)
Active warrant in the case

Waiting Periods

Waiting periods run from the date of conviction or date of release from incarceration, whichever is later. All sentence conditions — including probation and fines — must be satisfied. No pending charges are allowed.

Acquittal / dismissal / nolle prosequi / PBJ completion

Immediately

Violation conviction (single case) — mandatory

3 years

Single misdemeanor — mandatory (no other convictions)

5 years

Single misdemeanor — discretionary (no other convictions)

3 years

Certain misdemeanors — discretionary (no other convictions)

7 years

Single felony — discretionary (no other convictions)

7 years

Select felonies — mandatory (theft, forgery, drug possession)

10 years

How to Apply — Mandatory Expungement (SBI)

1

Check Whether Your Record Was Already Automatically Expunged

Request your criminal history from the Delaware State Bureau of Identification at dsp.delaware.gov. Since August 2024, SBI processes eligible records monthly. If your record already shows as expunged, no further action is needed. If not, proceed with a manual application.

2

Complete the SBI Expungement Application

Download the expungement application forms from the Delaware State Bureau of Identification at dsp.delaware.gov. Multiple cases eligible for mandatory expungement can be combined into a single application. Attach a certified copy of your SBI criminal history to the application.

3

Submit to SBI and Pay the Fee

Submit your completed application and required fee to the State Bureau of Identification. SBI reviews the application and — if the statutory criteria are met — is required to grant the expungement. SBI has no discretion to deny a mandatory expungement. SBI then notifies all relevant courts and law enforcement agencies to destroy or segregate the records.

How to Apply — Discretionary Expungement (Court Petition)

1

Get Your SBI Criminal History

Request a certified copy of your criminal history from the State Bureau of Identification. This must be attached to your petition — the court will summarily reject any petition that does not include it. This step is mandatory before filing.

2

File a Petition in Superior or Family Court

File your petition for discretionary expungement in Superior Court (adult criminal cases) or Family Court (juvenile or certain cases). Delaware courts provide expungement petition forms at courts.delaware.gov. Attach your certified SBI criminal history to the petition.

3

Serve the Attorney General

After filing, serve a copy of the petition on the Attorney General's office. The AG has 120 days to file an objection or answer. The AG will also contact any victim of the crime at their last known address to determine the victim's position, which the AG includes in their response to the court.

4

Court Hearing and Decision

The court reviews the petition and considers the interests of justice. Unlike mandatory expungement, discretionary expungement is not guaranteed even if you meet all criteria — the judge weighs your petition against the AG's response and any victim input. Come prepared with evidence of rehabilitation. If granted, SBI receives the order and coordinates destruction of records across all agencies.

Official Forms

Delaware SBI — Expungement Application

Apply for mandatory expungement directly through the State Bureau of Identification — no court needed

Visit dsp.delaware.gov →

Delaware Courts — Expungement Petition Forms

Petition forms for discretionary expungement in Superior Court or Family Court

Visit courts.delaware.gov →

Delaware SBI — Criminal History Request

Request your certified Delaware criminal history — required for both SBI applications and court petitions

Visit dsp.delaware.gov →

Find Your Delaware Court

Find the Superior Court or Family Court location for filing your discretionary expungement petition

Visit courts.delaware.gov →

Helpful Resources

FREE LEGAL HELP

Delaware Volunteer Legal Services

Free civil legal help for low-income Delawareans — including expungement guidance and petition assistance

dvls.org →

FREE LEGAL HELP

Community Legal Aid Society (CLASI)

Free civil legal help for low-income Delawareans statewide — including expungement assistance

declasi.org →

SELF-HELP GUIDE

Delaware Courts — Expungement Self-Help

Official Delaware courts self-help information on expungement eligibility and process

courts.delaware.gov →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

DELAWARE BAR

Delaware State Bar — Lawyer Referral

Find a licensed Delaware attorney for expungement help — especially valuable for discretionary felony petitions

dsba.org →

Frequently Asked Questions

Was my record automatically expunged since August 2024? +

Possibly — Delaware's SBI began automatically expunging eligible records on a monthly basis starting August 1, 2024. The automatic process covers the same records eligible for mandatory expungement. Request your SBI criminal history to check. If your record shows as expunged, no further action is needed. If it hasn't been processed yet, you can file a manual application under § 4373 without waiting — you don't have to wait for the automatic process to reach your case.

What is Probation Before Judgment (PBJ) and how does it lead to expungement? +

Probation Before Judgment (PBJ) is a Delaware disposition where the court places you on probation before formally entering a judgment of guilt. Upon successful completion of all probation conditions, the court discharges you — and the case is treated as "terminated in favor of the accused." This makes the case immediately eligible for mandatory expungement under § 4373. No conviction is ever formally entered. PBJ must be arranged at sentencing — not after conviction. If you are currently facing charges, ask a Delaware defense attorney about PBJ eligibility immediately.

Can a felony be expunged in Delaware? +

Yes — for certain nonviolent felonies. Under mandatory expungement, select felonies (certain theft, forgery, and drug possession convictions) are eligible after 10 years with no other convictions. Under discretionary expungement, a single nonviolent felony conviction can be petitioned for after 7 years with no other convictions. Violent felonies listed in § 4201(c), sex offenses, and crimes against children are permanently ineligible. The Beau Biden Child Protection Act convictions also cannot be expunged.

What is the 10-year bar on repeat expungements? +

Once you receive a conviction expungement in Delaware, you cannot receive another conviction expungement for 10 years. This applies to expungements of convictions granted after December 27, 2019. It does not apply to non-conviction expungements (dismissed charges, acquittals, PBJ completions) — you can receive those at any time regardless of prior expungements. If you have multiple conviction records, plan strategically — address your most important conviction first, as you won't be able to expunge another for a decade.

What does Delaware expungement actually do to the record? +

Delaware expungement is one of the strongest in the country. All law enforcement agency records and court records relating to the case — including electronic records — must be destroyed, segregated, or placed under sealed SBI custody within 60 days. All agencies must respond to non-law-enforcement inquiries that no record exists. You are not required to disclose the expunged arrest or conviction to anyone for any purpose. This is true destruction/removal — not mere sealing that keeps records accessible to law enforcement.

Do I need an attorney? +

For mandatory expungement through SBI — not required. The process is administrative, and if you meet the criteria, SBI must grant it. Delaware Volunteer Legal Services and CLASI provide free help for those who qualify. For discretionary expungement — especially felony petitions — working with a Delaware attorney significantly improves your outcome. The AG has 120 days to respond, victim input is solicited, and the judge has full discretion. A well-prepared petition with strong rehabilitation evidence makes a real difference.

After Your Record Is Expunged

After expungement in Delaware, all agencies must reply that no record exists. Records are destroyed or placed under sealed SBI custody. You are not required to disclose the expunged record to anyone for any purpose.

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Employment and Housing

Expunged records are destroyed and will not appear on Delaware background checks. All agencies respond that no record exists. You can legally deny the arrest or conviction on employment, housing, credit, and any other applications. Delaware has ban-the-box protections limiting when employers can ask about criminal history. You are not required to disclose expunged matters to anyone for any purpose.

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Record Destruction

All courts and law enforcement agencies receiving notice of expungement must destroy or segregate their records within 60 days and provide SBI with written confirmation of completion. This coordination across agencies makes Delaware's expungement particularly thorough. Private background check databases may lag — keep your expungement documentation and dispute any records that still appear.

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Civil Rights

Delaware expungement restores civil rights affected by the conviction. Voting rights and jury rights are not permanently lost in Delaware — the right to vote is restored upon release from incarceration. Expungement removes the record that could affect licensing, employment, and housing decisions for most purposes.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.