How it works in Delaware

These steps cover the court-petition process — the path that applies if you don't qualify for the automatic process.

  1. Get Fingerprinted

    Visit your local police or sheriff's station and have your fingerprints taken.

    Fingerprint fee: $72.00

  2. Request your Record

    Complete and submit your application to request an official copy of your criminal history record.

  3. Review your Record

    Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

  4. Request Certified Documents

    Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Certified copy fee: $10.00

  5. Verify the Final Documents

    Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

  6. Prepare your Petition

    Complete the petition based on the type of charge and outcome you are seeking. Note the timing restrictions: certain misdemeanor convictions require three years to pass, others require five years, and certain felony convictions require ten years.

  7. Finalize your Petition

    Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

  8. File your Expeal Request

    Once you have confirmed you have everything, file the petition with the court that handled the case.

    Filing fee: $75.00

  9. Work with the Court

    After the court confirms it has received your filing, watch for the next instructions — typically a notice scheduling a hearing or a request for additional documentation. Respond promptly to anything the court asks for.

  10. Receive the Court's Order

    Once the court rules on your petition, it issues a written order either granting or denying the request to expunge. Review the order's terms carefully — they spell out which records are covered. Keep a certified copy for your own files.

  11. Verify the Record Update

    Under Del. Code tit. 11 § 4372, the State Bureau of Identification and the arresting agency must remove the expunged records from their public databases. Confirm with each agency that its records reflect the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Official agencies

Court forms

Delaware record-clearing statutes

Last reviewed