⚖️ Delaware Expungement Laws (Overview)
In Delaware, expungement laws are mainly found in:
- Title 11, Chapter 43, Subchapter VII (adult records)
- Title 10 (Family Court laws) for juvenile records
👉 Important: In Delaware, expungement means your record is sealed from public view, not destroyed.
🧾 Two Main Types of Expungement
1. Mandatory Expungement (Automatic or Guaranteed if Eligible)
This is the easier path.
You qualify if certain conditions are met, such as:
- Charges were dismissed, dropped, or you were found not guilty
- Some low-level convictions (violations or certain misdemeanors) after waiting periods
- Certain juvenile cases (especially non-serious offenses)
📌 In these cases, the State Bureau of Identification (SBI) or court must grant expungement if you qualify.
2. Discretionary Expungement (Judge Decides)
If you don’t qualify for mandatory, you can ask a court.
A judge will consider:
- Whether your record causes “manifest injustice” (hardship in life)
- Your criminal history
- Time since conviction
- Rehabilitation
📌 This is required for:
- Many misdemeanor convictions
- Some non-violent felony convictions
⏳ Waiting Periods (Typical)
These depend on the offense, but generally:
- Non-convictions (dismissed, not guilty): often eligible immediately or soon after
- Violations: about 3 years
- Misdemeanors: about 5 years
- Some felonies (non-violent): about 7 years
👉 You usually must have no new convictions during the waiting period.
🚫 What Cannot Be Expunged
Delaware law excludes certain records, including:
- Serious violent felonies (like murder, rape, kidnapping)
- Some sex offenses
- Traffic offenses (Title 21)
- Cases where you have pending charges
⚡ Clean Slate Law (Automatic Expungement)
Delaware passed a “Clean Slate” law:
- As of August 1, 2024, some records are automatically expunged without applying
- Applies mainly to:
- Certain arrests
- Some misdemeanors
- Limited low-level felonies
🧑⚖️ How to Apply (If Not Automatic)
You can apply in two ways:
1. Through SBI (Mandatory cases)
- For qualifying cases, file with the State Bureau of Identification
2. Through the Court (Discretionary cases)
- File a petition for expungement
- Submitted to Superior Court or Family Court depending on the case
- The Attorney General may review or object
🧠 Key Takeaways
- Delaware offers broad expungement options, especially after reforms in recent years
- There are two main paths: mandatory and discretionary
- Waiting periods vary from immediate to ~7 years
- Some records are now automatically cleared under Clean Slate
- Serious violent crimes are not eligible
Getting Started – Board of Pardons – State of Delaware