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Delaware Clean Slate Law: Automatic Expungement (2026)

The Clean Slate Act (Senate Bill No. 111, 151st General Assembly; 83 Del. Laws c. 265)

Last updated: (official sources checked)Operating

Quick Answer

Delaware's Clean Slate Act automates mandatory expungement: the State Bureau of Identification identifies eligible cases monthly, with no petition or fee. That covers cases that ended in your favor, violations after 3 years, most misdemeanors after 5 years, felony drug possession after 5 years, and six listed lower-level felonies after 10 years — as long as you have no pending charges, are not on probation or parole, and have paid fines, fees and restitution.

DUI and other traffic offenses, domestic violence and crimes against children or vulnerable adults, and most felonies are not cleared automatically. Some of those can still be expunged by petition to the court. The Governor's office reported the first automated batch of more than 64,000 cases in June 2026.

Is it operating yet?

By law, the State Bureau of Identification (SBI) had to begin identifying and expunging eligible cases every month starting August 1, 2024. On June 1, 2026 the Governor's office announced the first automated batch, clearing more than 64,000 cases (see the official links below). If an eligible record has not been expunged automatically, you can still apply to SBI for a mandatory expungement.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373A(b); § 4373A(d); § 4373A(e))

The law

SB 111 was approved on November 8, 2021. The Act was "effective immediately" but was to be implemented on August 1, 2024, the date SBI's monthly automatic identification was required to begin. A companion law, SB 112 (83 Del. Laws c. 266), took effect January 1, 2022. It added felony drug possession (5 years) and six listed felonies (10 years) to the mandatory categories that the Clean Slate Act now automates.

Sources: 83 Del. Laws c. 265 (formerly Senate Bill No. 111), Delaware Code Online session laws (Title; Sections 4–5 and approval line); 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373A(b); § 4373(a)(2)b.; § 4373(a)(2)c.); 83 Del. Laws c. 266 (formerly Senate Bill No. 112), Delaware Code Online session laws (Section 10)

What automatic expungement does

Automatic expungement. Each month SBI must identify adult cases eligible for mandatory expungement (11 Del. C. § 4373) and juvenile cases eligible under 10 Del. C. § 1017, then have them expunged. The records are destroyed, segregated or placed in SBI custody and are not released except as the law allows. Agencies and courts answer non-law-enforcement requests by saying there is no record, and the person does not have to disclose the expunged offense.

Sources: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373A(a); § 4373A(b)); 10 Del. C. ch. 9, subch. III (juvenile expungement; Delaware Code Online, official) (10 Del. C. § 1017A(a); 10 Del. C. § 1017A(b))

Records covered and waiting periods

Cases terminated in favor of the accused (acquittal, nolle prosequi, dismissal, discharge from probation before judgment, no charges within 1 year of arrest, 7+-year-old charges with no disposition)

Waiting period
None stated (no-charge arrests: 1 year without charges being filed)
Conditions
All other charges in the case must be eligible; other convictions do not bar relief

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(1); § 4373(a)(1)a.; § 4372(b)(1)–(2); § 4372(b)(3); +2 more)

Violation convictions (same case)

Waiting period
3 years from the date of conviction
Conditions
Other convictions do not bar relief; all other charges in the case must be eligible

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(1); § 4373(a)(1)b.)

Marijuana possession, drug paraphernalia, and underage alcohol possession/consumption convictions

Waiting period
None stated in the statute
Conditions
Other convictions do not bar relief; all other charges in the case must be eligible

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(1); § 4373(a)(1)c.; § 4373(a)(1)d.)

Misdemeanor convictions (or misdemeanors plus violations in the same case)

Waiting period
5 years from the date of conviction
Conditions
No prior or subsequent convictions that bar eligibility; every charge in the case eligible; not an offense excluded by § 4373(b)

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2); § 4373(a)(2)a.; § 4373(b))

Felony drug possession (16 Del. C. § 4756)

Waiting period
5 years from the date of conviction
Conditions
No prior or subsequent convictions that bar eligibility; every charge in the case eligible

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2); § 4373(a)(2)b.)

Six listed felonies: miscellaneous drug crimes, counterfeit controlled substance, maintaining a drug property, possession of burglar's tools, forgery 2nd degree, unlawful use of payment card

Waiting period
10 years from conviction or release from incarceration, whichever is later
Conditions
No prior or subsequent convictions that bar eligibility; victim not a family/dating partner, child, or vulnerable adult

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2)c.; § 4373(a)(2)c.1.–3.; § 4373(a)(2)c.4.–6.; § 4373(b)(6))

Juvenile cases eligible for mandatory expungement under 10 Del. C. § 1017

Waiting period
None for cases terminated in favor of the child or alcohol/marijuana/paraphernalia-only adjudications; 3 years after a single other adjudication
Conditions
No adult conviction; adjudication not a violent felony or sex offense; no barred adjudications

Source: 10 Del. C. ch. 9, subch. III (juvenile expungement; Delaware Code Online, official) (10 Del. C. § 1017A(a); 10 Del. C. § 1017A(b); 10 Del. C. § 1017(a); 10 Del. C. § 1017(a)(3); +1 more)

Not cleared automatically

How to check whether your record was cleared

Who can still see a cleared record

If automatic relief does not cover your record

If a case is not mandatory-eligible, the person can file a discretionary expungement petition. It goes to Superior Court, or to Family Court if every charge was disposed of there, in the county where the most recent case ended. The petition must attach the SBI criminal history and be served on the Attorney General, who has 120 days to object or answer. The court grants it if the petitioner proves by a preponderance of the evidence that keeping the record causes or may cause a manifest injustice. After an unconditional Governor's pardon, most otherwise-excluded convictions can also be petitioned under § 4375.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4374(a); § 4374(c); § 4374(e); § 4374(f); +1 more)

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Official links

Frequently Asked Questions

Do I have to apply to have my record cleared under Clean Slate?
No application is needed for cases that qualify for mandatory expungement. Since August 1, 2024, SBI has been required to identify those cases every month and expunge them. If yours has not been cleared, the law still lets you request expungement yourself.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373A(a); § 4373A(b); § 4373A(d))

Can a DUI be expunged in Delaware?
Not under Delaware's expungement law. Title 21 motor-vehicle offenses are excluded. Records of a Title 21 charge can be expunged only for driving after judgment prohibited, reckless driving, or operation of a vehicle causing death, and only by discretionary petition. DUI is not one of them.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(f)(2); § 4374(i)(1); § 4374(i)(2))

Will an old DUI, marijuana or paraphernalia conviction stop me from clearing my other cases?
No. The statute says prior or subsequent convictions for Title 21 offenses, underage alcohol, personal-use marijuana possession, or drug paraphernalia do not bar mandatory or discretionary expungement of other cases.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(g); § 4372(g)(1)–(3); § 4372(h))

Can I clear my record if I still owe court fines or I'm on probation?
Generally not. For a conviction to be expunged, all fines, fees and restitution must be paid, though a court may waive or convert them if non-payment was not wilful. No one is eligible while serving incarceration, parole or probation.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(l); § 4372(f)(5))

Does Clean Slate clear felonies?
Only some. Felony drug possession under 16 Del. C. § 4756 qualifies after 5 years. Six listed lower-level felonies qualify 10 years after conviction or release, whichever is later. Other felonies need a discretionary court petition after 7 years, or a Governor's pardon first.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2)b.; § 4373(a)(2)c.; § 4373(a)(2)c.1.–3.; § 4373(a)(2)c.4.–6.; +2 more)

Do I have to tell an employer about an expunged record?
No. The person is not required to disclose an expunged arrest, charge or conviction, and should not be asked to. Law-enforcement agencies are an exception: they can see expunged records when reviewing someone's application to work for them.

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(d); § 4376(e); § 4376(a)(1))

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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