About clearing a record in Delaware

Delaware law lets you ask to expunge certain arrest records and convictions under Del. Code tit. 11, ch. 43, subch. VII §§ 4371 to 4378. It covers cases that ended in your favor, violations, misdemeanors, and some felonies.

Since August 2024, the state looks each month for records that the law says it must expunge. It expunges them for you. This is the Clean Slate law. You do not file anything for those. If yours was missed, you can apply to the State Bureau of Identification.

Other records need a petition in court. You file it in the Superior Court or the Family Court for the county where your last case ended.

The wait is three, five, seven or ten years. It depends on the charge and your record. For a court petition, the clock starts at the conviction or your release, whichever is later.

Remedies in Delaware

  • Expungement DIY