Delaware (DE) — Expungement & Record Clearing

Remedy

Mandatory expungement of a case "terminated in favor of the accused" (11 Del. C. § 4372(b), § 4373(a)(1)a.), done automatically by SBI under the Clean Slate Act (§ 4373A); prosecutors may also petition to expunge an arrest when they dismiss or nolle pros a case (§ 4374(h)).

Waiting period

No waiting period is stated for acquittals, dismissals, nolle prosequi or a discharge from probation before judgment. For an arrest where no charges were filed, the case qualifies once 1 year has passed without charges.

A case that ended without a conviction must be expunged by SBI. That includes an acquittal, a nolle prosequi, a dismissal, a discharge after probation before judgment, an arrest with no charges filed within 1 year, or a case 7+ years old with no recorded disposition. Other convictions on the person's record do not block this, but every other charge in the case must also be eligible. Since August 1, 2024, SBI has been required to find these cases every month and expunge them without an application. A person can still ask for expungement if it has not happened.

• ✗Not available while the person has pending criminal charges (pending Title 21 traffic, underage-alcohol and civil marijuana violations do not count as pending charges)
• ✗Records relating to any Title 21 (motor vehicle) charge — including a DUI charge — may not be expunged under the statute, except three listed offenses by discretionary petition
• ✗All other charges in the same case must also be eligible
• ✗Not available while serving a term of incarceration, parole, or probation

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(b); § 4372(b)(1)–(2); § 4372(b)(3); § 4372(b)(4); +10 more)

Remedy

Mandatory expungement through SBI (11 Del. C. § 4373(a)(2)a.; violations § 4373(a)(1)b.), automatic under the Clean Slate Act (§ 4373A); discretionary expungement by court petition (§ 4374(a)(1), (a)(2), (a)(4)).

Waiting period

Mandatory/automatic: 5 years from the date of conviction (3 years for violation-only cases). Discretionary petition: 3 years from conviction or release from incarceration, whichever is later; 7 years for misdemeanors listed in § 4373(b); 5 years after the most recent conviction or release when there are convictions in more than one case.

Mandatory expungement covers a case with one or more misdemeanor convictions (alone or with violations) once 5 years have passed since conviction. Every charge in the case must be eligible, and the person must have no prior or subsequent convictions that bar eligibility. Mandatory cases are now handled automatically by SBI. Violation-only cases are mandatory after 3 years, even if the person has other convictions. Some misdemeanors are left out of mandatory relief, including domestic-violence crimes, offenses against a child or vulnerable adult, and listed offenses such as resisting arrest. Those can be cleared only by asking the Superior Court (discretionary petition) after 7 years, and only if the person has no prior or subsequent convictions. Other misdemeanors can be petitioned after 3 years under the same no-other-convictions condition. When convictions are spread across more than one case, the petition can be filed 5 years after the most recent one.

• ✗Crimes of domestic violence, offenses where the victim is a child or vulnerable adult, certain public-administration misdemeanors, and listed misdemeanors (e.g., sexual harassment, indecent exposure, resisting arrest, carrying a concealed dangerous instrument) are not eligible for mandatory/automatic expungement (discretionary petition after 7 years only)
• ✗Convictions for vehicular assault 2nd degree, incest, unlawful sexual contact 3rd degree, coercion, and unlawfully dealing with a child can never be expunged under the subchapter
• ✗Title 21 (traffic) offenses are not eligible
• ✗All fines, fees and restitution must be paid (a court may waive or convert them if non-payment was not wilful)
• ✗Not available while serving incarceration, parole or probation, or with pending criminal charges
• ✗For discretionary (court) expungement of a conviction, not available if a prior conviction was expunged in the previous 10 years

Source: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2); § 4373(a)(2)a.; § 4373A(a); § 4373A(b); +22 more)

Remedy

Mandatory expungement through SBI for six listed felonies and Tier 1 drug possession (11 Del. C. § 4373(a)(2)b.–c.), automatic under § 4373A; discretionary expungement by Superior Court petition (§ 4374(a)(3)); discretionary expungement after an unconditional Governor's pardon (§ 4375).

Waiting period

Listed mandatory felonies: 10 years from conviction or release from incarceration, whichever is later. Felony drug possession (§ 4756): 5 years from conviction. Discretionary petition: 7 years from conviction or release from incarceration, whichever is later.

Six listed lower-level felonies are mandatory, and so automatic, 10 years after conviction or release from incarceration, whichever is later. They are miscellaneous drug crimes, dealing in a counterfeit controlled substance, maintaining a drug property, possession of burglar's tools, forgery 2nd degree, and unlawful use of a payment card. Felony drug possession (16 Del. C. § 4756) is mandatory 5 years after conviction. Other felonies can be cleared only by a discretionary Superior Court petition 7 years after conviction or release, and only with no prior or subsequent convictions. Violent felonies listed in § 4201(c) and felonies involving physical or sexual assault are excluded unless the person first receives an unconditional Governor's pardon. Murder, manslaughter, rape 1st or 2nd degree, and 1st-degree sexual abuse of a child by a person in a position of trust can never be expunged, even after a pardon.

• ✗Violent felonies listed in 11 Del. C. § 4201(c) (no discretionary expungement unless pardoned)
• ✗Felonies involving physical or sexual assault as defined in 31 Del. C. § 309 (Beau Biden Child Protection Act) (no discretionary expungement unless pardoned)
• ✗A listed mandatory felony is not mandatory-eligible if the victim was a family/dating partner (domestic violence), a child, or a vulnerable adult
• ✗Manslaughter, first/second-degree murder, first/second-degree rape, and first-degree sexual abuse of a child by a person in a position of trust cannot be expunged even after a pardon
• ✗A felony conviction entered after a prior felony expungement cannot be expunged
• ✗Discretionary felony route requires no prior or subsequent convictions

Sources: 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(a)(2)b.; +11 more); 16 Del. C. ch. 47, subch. IV (Delaware Code Online, official) (16 Del. C. § 4756)

Remedy

None under the expungement statute: Title 21 offenses are excluded (11 Del. C. § 4372(f)(2), § 4374(i)). DUI (21 Del. C. § 4177) is not among the three Title 21 offenses that may be expunged.

Waiting period

No single period — see the conditions below

Delaware's expungement law says Title 21 (motor vehicle) offenses are not eligible. It also says police and court records relating to any Title 21 charge may not be expunged, except for driving after judgment prohibited, reckless driving, and operation of a vehicle causing death (by discretionary petition only). DUI is not on that list, so the statute gives no route to expunge a DUI conviction. Read literally, it also bars expunging records of a DUI charge that did not end in conviction. A DUI conviction does not stop a person from expunging other, separate cases.

• ✗All DUI convictions under 21 Del. C. § 4177 (Title 21 offense)
• ✗Records relating to a DUI charge, whatever the outcome (the statute bars expunging records of any non-listed Title 21 charge)
• ✗Completing the DUI First Offenders Election ends in discharge of the proceedings, but it counts as a prior offense for later DUI sentencing
• ✗A Title 21 conviction in the same case can block expungement of the other charges in that case (Superior Court, Cornette v. State, 2024, as described in the synopsis of 2025 SB 124, which was not enacted)

Sources: 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4372(f)(2); § 4374(i)(1); § 4374(i)(2); § 4372(h)); 21 Del. C. ch. 41, subch. IX (Delaware Code Online, official) (21 Del. C. § 4177B(c)(1); 21 Del. C. § 4177B(c)(1)a.; 21 Del. C. § 4177B(e)(1)c.); Senate Bill No. 124 (153rd General Assembly) synopsis, Delaware General Assembly (bill not enacted) (Synopsis; Synopsis (quoting Cornette v. State)); 10 Del. C. ch. 9, subch. III (juvenile expungement; Delaware Code Online, official) (10 Del. C. § 1015(b)(4))

Remedy

Mandatory expungement through SBI, automatic under the Clean Slate Act (§ 4373A): marijuana possession / drug paraphernalia (11 Del. C. § 4373(a)(1)c.); misdemeanor possession under 16 Del. C. § 4763 (§ 4373(a)(2)a.); felony Tier 1 possession under 16 Del. C. § 4756 (§ 4373(a)(2)b.).

Waiting period

5 years from conviction for § 4763 (misdemeanor) or § 4756 (felony) possession. For marijuana possession or paraphernalia, the statute states no waiting period.

Simple possession of a controlled substance (16 Del. C. § 4763) is a class B misdemeanor and falls under the 5-year mandatory misdemeanor rule. Possession of a Tier 1 quantity (§ 4756) is a class G felony that is also mandatory after 5 years. Convictions for possessing marijuana (§ 4764) or drug paraphernalia (§ 4771) are mandatory with no waiting period in the statute, even if the person has other convictions. These marijuana and paraphernalia convictions also do not block expungement of other cases. All mandatory cases are handled automatically by SBI. Cannabis: civil marijuana violations do not appear on a certified criminal record. A person convicted of a single criminal marijuana offense under the pre-August 2019 law while under 21 can also apply to the convicting court for expungement once they turn 21.

• ✗All other charges in the case must be eligible (and for § 4763/§ 4756 possession, no prior or subsequent convictions that bar eligibility)
• ✗All fines, fees and restitution must be paid (court may waive if non-payment was not wilful)
• ✗Not available while serving incarceration, parole or probation, or with pending criminal charges

Sources: 16 Del. C. ch. 47, subch. IV (Delaware Code Online, official) (16 Del. C. § 4763 heading; 16 Del. C. § 4763(b); 16 Del. C. § 4756; 16 Del. C. § 4764(e); +1 more); 11 Del. C. ch. 43, subch. VII (Delaware Code Online, official) (§ 4373(a)(2)a.; § 4373(a)(2)b.; § 4373(a)(1); § 4373(a)(1)c.; +8 more)

Remedy

Juvenile expungement in Family Court: mandatory (10 Del. C. § 1017), automatic for mandatory-eligible cases (§ 1017A, Clean Slate Act), discretionary (§ 1018); automatic expungement of the juvenile record upon a Delaware gubernatorial pardon (§ 1013).

Waiting period

Mandatory: no wait for cases terminated in favor of the child or alcohol/marijuana/paraphernalia-only adjudications; 3 years after adjudication for a single other adjudicated case. Discretionary: 3 years (one misdemeanor sex offense or violent felony case), 5 years (one felony sex offense case, or multiple adjudications without violent felonies/felony sex offenses), or 7 years (multiple adjudications including them).

Family Court must grant expungement in three situations. The first is a case terminated in favor of the child, including dismissals after arbitration, probation before adjudication or diversion. The second is a case adjudicated only for underage alcohol, marijuana possession or paraphernalia. The third is a history with no more than one adjudicated case, after 3 years, if that case was not a violent felony or sex offense. Since August 1, 2024, SBI has been required to identify these mandatory-eligible juvenile cases each month and expunge them automatically. Histories with a violent-felony or sex-offense adjudication, or with several adjudications, can be cleared only by discretionary petition after 3, 5 or 7 years. In those petitions the court presumes that a juvenile record causes manifest injustice, though the petitioner still carries the burden of proof.

• ✗Anyone with an adult conviction
• ✗Adjudications for first/second-degree murder, first-degree kidnapping, manslaughter (§ 632(2) or (5)), first/second-degree rape, first-degree arson, or attempts (except cases terminated in favor of the child or alcohol/marijuana/paraphernalia-only cases)
• ✗Pending criminal charges
• ✗Title 21 offenses

Source: 10 Del. C. ch. 9, subch. III (juvenile expungement; Delaware Code Online, official) (10 Del. C. § 1017(a); 10 Del. C. § 1016(6)c.; 10 Del. C. § 1017(a)(2); 10 Del. C. § 1017(a)(3); +13 more)