Mandatory expungement (application to the State Bureau of Identification) in Delaware: which records can be cleared
Which records Delaware lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
In Delaware it is called expungement (mandatory and discretionary): expungement means police and court records of the case are destroyed, segregated or moved to the State Bureau of Identification and are not released to the public. Some misdemeanor and felony convictions may be cleared, and Delaware also clears some records automatically.
- Main remedy
- Mandatory expungement (application to the State Bureau of Identification)
- What it covers
- Arrests and cases that ended in your favor (acquittal, nolle prosequi, dismissal, completed probation before judgment, no charges filed within 1 year of arrest, very old cases with no disposition); violation-only convictions; marijuana possession and paraphernalia convictions; underage alcohol convictions; most misdemeanor convictions; simple drug possession; a short list of lower-level felonies.
- Ways to clear a record
- 3
- Automatic relief
- Yes
What each remedy covers in Delaware
Expungement (mandatory and discretionary) — In Delaware, expungement means police and court records of the case are destroyed, segregated or moved to the State Bureau of Identification and are not released to the public. If anyone outside law enforcement asks, agencies must answer that there is no record.
Delaware has 3 ways to clear a record. Each covers different records and has its own waiting period.
Mandatory expungement (application to the State Bureau of Identification)
Arrests and cases that ended in your favor (acquittal, nolle prosequi, dismissal, completed probation before judgment, no charges filed within 1 year of arrest, very old cases with no disposition); violation-only convictions; marijuana possession and paraphernalia convictions; underage alcohol convictions; most misdemeanor convictions; simple drug possession; a short list of lower-level felonies.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment) | No waiting period You can apply as soon as the case ends in your favor, even if you have other convictions. | End of the case |
Arrest with no charges filed | 1 year If no charges were filed in any court within 1 year of the arrest, the arrest counts as ended in your favor. | Arrest |
Old charge with no disposition | 7 years A charge 7 or more years old with no disposition (or listed as unknown or pending) is treated as dismissed, unless there is an active warrant or case activity in the last 12 months. | The charge |
Violation(s) only, one case | 3 years If you were convicted only of violations in a case, you can apply 3 years after the conviction. | Date of conviction |
Marijuana possession or paraphernalia conviction | No waiting period Possession of marijuana or drug paraphernalia convictions qualify for mandatory expungement with no waiting period in the statute, even if you have other convictions. | Date of conviction |
Misdemeanor conviction(s), one case | 5 years Most misdemeanor convictions can be expunged 5 years after the conviction if you have no other convictions that block it. | Date of conviction |
Drug possession (16 Del. C. § 4756) | 5 years A drug possession conviction can be expunged 5 years after the conviction. | Date of conviction |
Listed lower-level felonies (some drug crimes, burglar's tools, forgery 2nd degree, payment card misuse) | 10 years Six listed felonies can be expunged 10 years after conviction or release from prison, whichever is later. | Date of conviction or release from incarceration, whichever is later |
- Not eligible
- Never expungeable (except after a pardon): vehicular assault 2nd degree, incest, unlawful sexual contact 3rd degree, coercion, unlawfully dealing with a child, and most Title 21 (traffic) offenses. Not eligible for mandatory expungement, but possibly for discretionary expungement by the court: crimes of domestic violence; offenses where the victim is a child or a vulnerable adult; many listed misdemeanors (for example sexual harassment, indecent exposure, resisting arrest, hate crime, patronizing a prostitute, carrying a concealed dangerous instrument).
- Limits
- No new felony expungement after a prior felony expungement; no conviction expungement if you got another conviction expunged in the previous 10 years (does not apply to cases ended in your favor or to violation/marijuana/alcohol-only cases). You cannot be on probation, parole or in custody, cannot have pending charges, and must have paid fines, fees and restitution (the court may waive or convert unpaid amounts not caused by willful nonpayment).
Law: 11 Del. C. §§ 4372, 4373
Source: Official text
Discretionary expungement (petition to Superior Court or Family Court)
Misdemeanor and felony convictions that do not qualify for mandatory expungement, including the misdemeanors excluded from mandatory expungement, felony convictions, and convictions in more than one case.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction(s), one case, not on the excluded list | 3 years You can petition 3 years after conviction or release, if you have no other convictions. | Date of conviction or release from incarceration, whichever is later |
Misdemeanor on the mandatory-expungement exclusion list, one case | 7 years Excluded misdemeanors (for example domestic violence misdemeanors) can be petitioned after 7 years, if you have no other convictions. | Date of conviction or release from incarceration, whichever is later |
Felony conviction, one case | 7 years A felony can be petitioned 7 years after conviction or release, if you have no other convictions and it is not a barred violent felony. | Date of conviction or release from incarceration, whichever is later |
Violations or misdemeanors in more than one case | 5 years With several misdemeanor or violation cases, you can petition 5 years after the most recent one. | Date of the most recent conviction or release from incarceration, whichever is later |
- Not eligible
- Violent felonies listed in 11 Del. C. § 4201(c); 16 Del. C. § 1136; 31 Del. C. § 3913; felonies involving physical or sexual assault crimes under the Beau Biden Child Protection Act; most Title 21 traffic offenses (except driving after judgment prohibited, reckless driving, and operation of a vehicle causing death); plus the general exclusions above.
- Limits
- Same general limits as mandatory expungement: one felony expungement for life, 10-year gap between conviction expungements, no pending charges, not on probation or parole, fines and restitution paid.
Law: 11 Del. C. § 4374; 31 Del. C. § 309
Source: Official text
Discretionary expungement following a pardon
Any conviction for which you received an unconditional pardon from the Governor, except a short list of the most serious crimes.
- Not eligible
- Manslaughter; murder 1st and 2nd degree; rape 1st and 2nd degree; sexual abuse of a child by a person in a position of trust 1st degree.
Law: 11 Del. C. § 4375; § 778(1)-(3)
Source: Official text
Clean Slate relief in Delaware
- Law
- Automatic expungement (Clean Slate), 11 Del. C. § 4373A
- What is cleared
- Every month the State Bureau of Identification identifies cases that are eligible for mandatory expungement (cases ended in your favor, violation-only cases after 3 years, marijuana and underage-alcohol convictions, most misdemeanors and drug possession after 5 years, and the listed felonies after 10 years) and expunges them without an application. You can still apply yourself if your case has not been cleared.
- Started
- August 1, 2024
- Check your record
- Official status page
Law: 11 Del. C. § 4373A (83 Del. Laws c. 265)
Records from when you were under 18
Juvenile adjudications are not 'convictions.' Family Court can expunge juvenile records: mandatory expungement for cases ended in your favor, for underage alcohol, marijuana or paraphernalia adjudications, or for one non-violent, non-sex-offense case after 3 years; discretionary expungement after 3, 5 or 7 years depending on the offense, if you have no adult convictions.
Law: 10 Del. C. §§ 1014-1019
What you can say afterwards
After expungement you do not have to disclose, and should not be asked to disclose, that you were arrested, charged or convicted, for any purpose. Exceptions: police investigating a crime, law-enforcement job applications, concealed-weapon licensing, eligibility for diversion or probation before judgment, and sentencing or pardon review if you are convicted again.
Law: 11 Del. C. §§ 4372(d), 4376
Cannabis convictions in Delaware
Convictions for possession of marijuana or drug paraphernalia qualify for mandatory expungement through SBI, and are included in monthly automatic expungement, even if you have other convictions. These convictions also do not block expungement of other cases. 11 Del. C. §§ 4372(g), 4373(a)(1)c, 4373A.
Law: 16 Del. C. § 4764; 16 Del. C. § 4771
Pardons in Delaware
- Who decides
- Governor, on recommendation of the Board of Pardons
- How
- Get your certified SBI criminal history and certified court dockets and sentencing orders, then complete the Pardon Application Packet following the Board's checklist. An unconditional pardon then lets you petition for expungement under 11 Del. C. § 4375.
Law: Del. Const. art. VII, § 1; Del. Const. art. VII, § 11 Del. C. § 4375
In nearby states
- Maryland: Expungement; shielding
- District of Columbia: Record sealing and expungement
- New Jersey: Expungement
- Pennsylvania: Expungement; limited access (including Clean Slate automatic limited access)
What to do now in Delaware
Get your own record
Your record lists each case; you need it to see which remedy fits. Delaware Courts - Expungement of Criminal Records forms and Superior Court - A Guide to Expungement of Adult Record (FAQ).
Check the waiting period
Waiting periods differ by case and remedy. Waiting periods.
File with the court
You file the request in the court that handled the case. How to file.
Talk to legal aid
Free help: APEX Program (Delaware Department of Labor) - free help with pardons and expungements and Delaware Board of Pardons.
Free help in Delaware
Questions about clearing a record in Delaware
What is clearing a record called in Delaware?
Expungement (mandatory and discretionary). In Delaware, expungement means police and court records of the case are destroyed, segregated or moved to the State Bureau of Identification and are not released to the public. If anyone outside law enforcement asks, agencies must answer that there is no record.
Can I clear a conviction in Delaware?
Mandatory expungement: Arrests and cases that ended in your favor (acquittal, nolle prosequi, dismissal, completed probation before judgment, no charges filed within 1 year of arrest, very old cases with no disposition); violation-only convictions; marijuana possession and paraphernalia convictions; underage alcohol convictions; most misdemeanor convictions; simple drug possession; a short list of lower-level felonies. Discretionary expungement (petition to Superior Court or Family Court): Misdemeanor and felony convictions that do not qualify for mandatory expungement, including the misdemeanors excluded from mandatory expungement, felony convictions, and convictions in more than one case. Discretionary expungement following a pardon: Any conviction for which you received an unconditional pardon from the Governor, except a short list of the most serious crimes.
Does Delaware clear records automatically?
Every month the State Bureau of Identification identifies cases that are eligible for mandatory expungement (cases ended in your favor, violation-only cases after 3 years, marijuana and underage-alcohol convictions, most misdemeanors and drug possession after 5 years, and the listed felonies after 10 years) and expunges them without an application. You can still apply yourself if your case has not been cleared.
Can a marijuana record be cleared in Delaware?
Convictions for possession of marijuana or drug paraphernalia qualify for mandatory expungement through SBI, and are included in monthly automatic expungement, even if you have other convictions. These convictions also do not block expungement of other cases. 11 Del. C. §§ 4372(g), 4373(a)(1)c, 4373A.
Are juvenile records sealed in Delaware?
Juvenile adjudications are not 'convictions.' Family Court can expunge juvenile records: mandatory expungement for cases ended in your favor, for underage alcohol, marijuana or paraphernalia adjudications, or for one non-violent, non-sex-offense case after 3 years; discretionary expungement after 3, 5 or 7 years depending on the offense, if you have no adult convictions.
Who can still see a cleared record in Delaware?
After expungement you do not have to disclose, and should not be asked to disclose, that you were arrested, charged or convicted, for any purpose. Exceptions: police investigating a crime, law-enforcement job applications, concealed-weapon licensing, eligibility for diversion or probation before judgment, and sentencing or pardon review if you are convicted again.