Delaware Expungement & Record Sealing Guide

Who Qualifies for Expungement in Delaware?

Delaware has one of the strongest Clean Slate laws in the country, with broad automatic sealing covering both misdemeanors and some felonies.

Automatic Sealing (Clean Slate Act — No Filing Required)

• Dismissed / acquitted / nolle prossed: Immediate automatic sealing
• Misdemeanor convictions: Automatically sealed 3 years after sentence completion with no new convictions
• Class F and G felony convictions: Automatically sealed 7 years after sentence completion with no new convictions

Petition-Based Expungement (for offenses not covered by automatic sealing)

• Available for certain eligible offenses not covered by the automatic sealing law
• Filed in Superior Court (felonies) or Court of Common Pleas (misdemeanors)

Not Eligible

• Class A–E felony convictions (most serious crimes)
• Sex offenses requiring registration
• Crimes of violence against persons
• Any offense where automatic sealing would create a public safety risk

Step-by-Step: How to Clear Your Record in Delaware

Automatic Sealing

No action required. Delaware's Bureau of Identification processes eligible records automatically. To verify your record status, contact the Delaware State Police Bureau of Identification.

Petition-Based

1. File a petition for expungement in the appropriate court. Fee: $75.
2. Serve the Department of Justice.
3. Department of Justice has 60 days to respond.
4. Hearing scheduled if needed.
5. Order issued — Bureau of Identification clears the record.

Waiting Periods

• Non-conviction (dismissed/acquitted): Immediate
• Misdemeanor conviction: 3 years from sentence completion
• Class F/G felony conviction: 7 years from sentence completion

Costs

• Automatic sealing: Free
• Petition-based: $75
• Attorney fees: $500–$2,000

Delaware Community Legal Aid offers free help at declasi.org.

What Record Clearing Does (and Doesn't) Do in Delaware

After a successful expungement or sealing in Delaware, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Delaware for advice specific to your situation.