How to file to clear a record in Delaware

How to ask a Delaware court to clear your record, what it costs and which forms to use.

Checked against official sources: October 25, 2026.

Short answer

Get fingerprinted and request your certified criminal history from the State Bureau of Identification using the expungement service code 27S23V.

Main remedy
Mandatory expungement (application to the State Bureau of Identification)
Cost
$72 to apply (fingerprints and criminal history); if eligible, a $75 money order payable to the Delaware State Police.
Forms
6

Where and how to file in Delaware

Mandatory expungement (application to the State Bureau of Identification)

Get fingerprinted and request your certified criminal history from the State Bureau of Identification using the expungement service code 27S23V. SBI mails you a letter saying whether you qualify. If you do, sign and return the paperwork within 30 days with the fee. No court hearing.

Cost
$72 to apply (fingerprints and criminal history); if eligible, a $75 money order payable to the Delaware State Police.

Discretionary expungement (petition to Superior Court or Family Court)

First get your certified criminal history and eligibility letter from SBI. File the petition, proposed order, SBI cover letter and criminal history in Superior Court in the county of your most recent case (or Family Court if all cases were in Family Court). The Attorney General gets a copy and has 120 days to respond; victims are asked their position. Usually no hearing. The court grants it if you prove a 'manifest injustice' (hardship from the record) by a preponderance of the evidence.

Cost
Superior Court: $75 filing fee, check payable to State of Delaware. Family Court: no cost for an adult or juvenile expungement petition (Family Court Schedule of Assessed Costs, effective 7/20/26). In both courts, $72 for the SBI criminal history.

Discretionary expungement following a pardon

After an unconditional pardon, petition Superior Court (or Family Court) using the same discretionary process; the Attorney General may respond.

Cost
$75 Superior Court filing fee.

Court self-help

Checklist: what to gather before you file

Who cannot use these remedies in Delaware

  • Mandatory expungement (application to the State Bureau of Identification): 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).
  • Discretionary expungement (petition to Superior Court or Family Court): 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.
  • Discretionary expungement following a pardon: 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. §§ 4372, 4373; 11 Del. C. § 4374; 11 Del. C. § 4375

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

Get your own record in Delaware

Delaware State Police, State Bureau of Identification (SBI) · (302) 739-5884

Book a fingerprint appointment through IdentoGO. A certified Delaware criminal history costs $72. No cash or personal checks. SBI offices are in Dover and Georgetown, plus partner locations.

Source: service code 27RVGT for a personal record, 27S23V for an expungement application

Letter: ask the state records office for a copy of your record

In nearby states

  • Maryland: No filing fee for acquittal, dismissal, PBJ, nolle prosequi, stet or not-criminally-responsible dispositions.
  • New Jersey: No filing fee (N.J.S.A. 2C:52-29; NJ Courts: the eCourts Expungement System is free).
  • Pennsylvania: Filing costs are set by each county; ask the clerk of courts.

Your next steps in Delaware

  1. Gather your papers

    Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.

  3. File with the clerk

    After you file, the prosecutor may respond and the court decides.

Free help in Delaware

Questions about filing in Delaware

How long do I have to wait in Delaware?

Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment): No waiting period, counted from end of the case; Arrest with no charges filed: 1 year, counted from arrest; Old charge with no disposition: 7 years, counted from the charge; Violation(s) only, one case: 3 years, counted from date of conviction.

What is the filing fee in Delaware?

Mandatory expungement: $72 to apply (fingerprints and criminal history); if eligible, a $75 money order payable to the Delaware State Police. Discretionary expungement (petition to Superior Court or Family Court): Superior Court: $75 filing fee, check payable to State of Delaware. Family Court: no cost for an adult or juvenile expungement petition (Family Court Schedule of Assessed Costs, effective 7/20/26). In both courts, $72 for the SBI criminal history. Discretionary expungement following a pardon: $75 Superior Court filing fee.

How do I get a copy of my criminal record in Delaware?

Book a fingerprint appointment through IdentoGO. A certified Delaware criminal history costs $72. No cash or personal checks. SBI offices are in Dover and Georgetown, plus partner locations.

Where can I get free help in Delaware?

APEX Program (Delaware Department of Labor) - free help with pardons and expungements and Delaware Board of Pardons.

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