How long you wait to clear a record in Delaware

How long you wait in Delaware for each kind of case, and what the waiting period is counted from.

Checked against official sources: October 25, 2026.

Short answer

These are the waiting periods in Delaware law. Each one runs from a set event, like the end of your sentence.

Main remedy: Mandatory expungement (application to the State Bureau of Identification)
Waiting periods: 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

Your earliest date in Delaware

Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.

Waiting periods: 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

Waiting periods: 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

Source: Official text

Clean Slate relief in Delaware

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.

August 1, 2024

Law: 11 Del. C. § 4373A (83 Del. Laws c. 265)

In nearby states

Maryland: Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition
District of Columbia: Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
New Jersey: Indictable offense (crime): 5 years, counted from the most recent conviction, payment of court-ordered fines and fees, completion of probation or parole, or release from incarceration, whichever is later

Your next steps in Delaware

Check your dates
Use the dates on your court papers, not your memory.
Check the other rules
The wait is only one rule; the court looks at the whole record.
File when you are ready
After the wait, the next step is the petition. How to file.
Ask for free help
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 waiting periods in Delaware

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.

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.

Does Delaware clear records automatically?

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.