What crimes can be expunged in Delaware?

In Delaware, most misdemeanors and many felonies can be expunged after the required waiting period. However, certain serious offenses like violent crimes and sex offenses are typically ineligible.

How long is the waiting period for expungement in Delaware?

Waiting periods in Delaware vary by offense type. Arrests typically require 1 year, misdemeanors 3-5 years, and felonies 5-10 years from sentence completion.

Can I expunge a felony in Delaware?

Many felonies can be expunged in Delaware, but eligibility depends on the specific offense and classification. Class A felonies and certain violent or sexual offenses are generally ineligible.

Will expungement remove my record from background checks?

Yes, once expunged, the record should not appear on most background checks. However, some government agencies and law enforcement may still have access for specific purposes.

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Criminal Record Expungement

DelawareCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in Delaware.

Clean Slate State

Delaware has automatic expungement laws. Some eligible records may be cleared without filing a petition.

At a Glance

$[object Object]Filing Fee

YesFee Waiver

YesClean Slate

Check Eligibility →

Legal Terminology in Delaware

Expungement

expungement

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in Delaware.

Generally Eligible

Acquittals (not guilty verdicts)

Nolle prosequi (dismissed cases)

Grand jury no true bill

Arrests with no charges filed (after 1 year)

Successfully completed First Offenders Program

Successfully completed diversion programs

Generally Not Eligible

Permanently Ineligible - Never Expungeable

Murder first degree
Murder second degree
Kidnapping first degree
Rape first degree
Rape second degree
Rape third degree
Rape fourth degree
Unlawful sexual contact first degree
Unlawful sexual contact second degree
Sexual abuse of a child by a person in a position of trust
Unlawful sexual penetration third degree
Sexual exploitation of a child
Trafficking in children
Arson first degree
Burglary first degree
Robbery first degree
Carjacking first degree
Assault first degree
Assault in a detention facility
Assault on a pregnant woman
Stalking
Manslaughter
Criminally negligent homicide
Vehicular homicide first degree
Vehicular homicide second degree
Child abuse first degree
Endangering the welfare of a child
Trafficking in controlled substances
Drug dealing resulting in death
DUI causing serious bodily injury
DUI causing death
Home invasion
Reckless endangering first degree
Terrorism
Weapons offenses (Class B or above)
Human trafficking

Waiting Periods

Acquittal/DismissalNone

Arrest (no charges)1 year

Waiting periods typically start from completion of sentence, including probation.

The Process

Verify You Meet All Requirements

Confirm your conviction qualifies for discretionary expungement.

1-2 days

Obtain Your Criminal History

Get your official Delaware criminal history record.

5-10 business days

Gather Rehabilitation Evidence

Collect documents showing you have been rehabilitated since your conviction.

2-4 weeks

Complete the Expungement Petition

Fill out the Petition for Expungement with detailed information.

2-3 hours

File the Petition

Submit your petition to the appropriate court.

Same day

Attend the Expungement Hearing

Present your case to the judge at your scheduled hearing.

1-2 hours

Receive the Court's Decision

The judge will grant or deny your expungement petition.

30-90 days after hearing

Legal Resources

Free statewide expungement assistance for Delaware residents. Provides forms, guidance, and representation for eligible cases.

Free statewide ACLU initiative to help people clear their records. Provides information, resources, and advocacy for expungement reform.

Free Delaware Department of Labor program helping people with criminal records obtain employment through expungement assistance and job placement.

Provides free civil legal services to low-income Delawareans statewide, including expungement assistance.

Delaware's largest civil legal aid organization. Provides free legal assistance including expungement help for eligible clients statewide.

Request your official Delaware criminal history record ($52 fee). Required for expungement applications.

Official Delaware court system website. Find court locations, forms, and filing information statewide.

Handles felony expungement petitions. Find locations in New Castle, Kent, and Sussex Counties.

Handles misdemeanor expungement petitions. Locations in all three Delaware counties.

For offenses not eligible for expungement, a pardon from the Governor may be an option. Free application accepted annually.

Law school clinic providing free legal assistance. May accept expungement cases for eligible clients.

Legal Authority

11 Del. C. § 4372

Mandatory Expungement

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11 Del. C. § 4373

Discretionary Expungement

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11 Del. C. § 4374

Prohibitions on Expungement

View source →

11 Del. C. § 4371

Definitions

View source →

Delaware Clean Slate Act

Automatic Expungement Law

10 Del. C. § 1009

Family Court Expungement

View source →

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

What was the outcome of your case?

Date DA Declined to File

🏛️ Find Your Courthouse

Get court contact information, directions, and filing details for your county

Select Your County

📋 My Cases

Track your expungement progress across multiple cases

No Cases Yet

Add your first case to start tracking your expungement progress

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

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Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.