Clearing a criminal record in Delaware: what to do

Checked against official sources: Oct 25, 2026

In Delaware:

What it's called and what it does
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…
Waiting periods
Violation(s) only, one case: 3 years, counted from date of conviction; Marijuana possession or paraphernalia conviction: No waiting period, counted from date of conviction; Misdemeanor conviction(s)…
Do this now
Get a copy of your own criminal record and the court papers for each case.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for Delaware

Do now

  1. Get a copy of your own criminal record and the court papers for each case.

    Why: You need each arrest, charge and how it ended to see which of your state's remedies fits. Record Clear Map's free letter asks your state's records office for a copy.

  2. Look up what your state calls clearing a record and which records may qualify.

    Delaware: 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…

    Why: Each state has its own remedies, its own list of records that may qualify and its own exclusions.

  3. If the case was in federal court, know that state record-clearing laws don't apply to it.

    Why: Federal law has no general way to expunge or seal a federal conviction; the main relief is a presidential pardon, which you apply for with the Office of the Pardon Attorney.

  4. If you are not a U.S. citizen, talk to an immigration lawyer or accredited representative before you rely on a state order.

    Why: A state expungement or a dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes.

This week

  1. Check your state's waiting period for your kind of case, and the date it is counted from.

    Waiting periods

    Delaware: Violation(s) only, one case: 3 years, counted from date of conviction; Marijuana possession or paraphernalia conviction: No waiting period, counted from date of…

    Why: The law sets a waiting period for each kind of case, often counted from the end of the case or the end of the sentence.

  2. Check whether your state clears some records automatically.

    Delaware: Yes: Automatic expungement (Clean Slate), 11 Del. C. § 4373A.

    Why: Some states clear some records without a petition (Clean Slate and similar laws), usually only some records and after a waiting period; in others a record is cleared only when you ask.

  3. Get free help from legal aid to check whether your record qualifies.

    Why: Exclusions and new offenses can matter as much as the waiting period. We explain the rules; we can't check your case.

If it's not resolved

  1. File the petition or application with your state's official forms, and pay the fee or ask about a fee waiver.

    Why: Most remedies start with a request to the court that handled the case, and the court decides each request.

  2. After a record is cleared, keep a copy of the order and check that background check reports were updated.

    Why: If a background check company still reports a sealed or expunged record, you can dispute it and send a copy of the court order with your dispute.

Deadlines

What it's called and what it does

General rule: see state

In Delaware:

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.

Law: 11 Del. C. §§ 4372, 4373 · checked Oct 2026 · Official source

Waiting periods

General rule: see state

In Delaware:

Violation(s) only, one case: 3 years, counted from date of conviction; Marijuana possession or paraphernalia conviction: No waiting period, counted from date of conviction; Misdemeanor conviction(s), one case: 5 years, counted from date of conviction; Drug possession (16 Del. C. § 4756): 5 years, counted from date of conviction; Listed lower-level felonies (some drug crimes, burglar's tools, forgery 2nd degree, payment card misuse): 10 years, counted from date of conviction or release from incarceration, whichever is later

Law: 11 Del. C. §§ 4372, 4373 · checked Oct 2026 · Official source

Automatic clearing (Clean Slate)

General rule: see state

In Delaware:

Yes: Automatic expungement (Clean Slate), 11 Del. C. § 4373A. Started: August 1, 2024

Law: 11 Del. C. § 4373A (83 Del. Laws c. 265) · checked Oct 2026 · Official source

Filing fee

General rule: see state

In Delaware:

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

Law: 11 Del. C. §§ 4372, 4373 · checked Oct 2026 · Official source

Key facts for Delaware

Record Clear Map

What it's called
Expungement (mandatory and discretionary)
Convictions
Some misdemeanor and felony convictions may be cleared.
Automatic clearing (Clean Slate)
Yes (Automatic expungement (Clean Slate), 11 Del. C. § 4373A)
Automatic clearing started
August 1, 2024
Example waiting period
Misdemeanor conviction(s), one case: 5 years, counted from date of conviction
Filing fee
$72 to apply (fingerprints and criminal history); if eligible, a $75 money order payable to the Delaware State Police.

Record Clear Map: Delaware · checked Oct 2026

Documents to gather

  • A copy of your own state record (and your FBI record if you were arrested in more than one state)
  • Court papers showing how each case ended, with the case numbers
  • Proof that you finished your sentence, probation or payments
  • Your state's official forms

Where to go

Costs

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Talk to a lawyer if

  • You are not a U.S. citizen
  • You have an open case, or are still on probation or parole
  • The case was in federal court or in more than one state
  • The offense may be on your state's excluded list, such as some violent or sex offenses
  • Your request was denied

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.

Guides for your state

Guides for every state

Questions

What it's called and what it does in Delaware: what is the rule?

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. (11 Del. C. §§ 4372, 4373)

Waiting periods in Delaware: what is the rule?

Violation(s) only, one case: 3 years, counted from date of conviction; Marijuana possession or paraphernalia conviction: No waiting period, counted from date of conviction; Misdemeanor conviction(s), one case: 5 years, counted from date of conviction; Drug possession (16 Del. C. § 4756): 5 years, counted from date of conviction; Listed lower-level felonies (some drug crimes, burglar's tools, forgery 2nd degree, payment card misuse): 10 years, counted from date of conviction or release from incarceration, whichever is later (11 Del. C. §§ 4372, 4373)

Automatic clearing in Delaware: what is the rule?

Yes: Automatic expungement (Clean Slate), 11 Del. C. § 4373A. Started: August 1, 2024 (11 Del. C. § 4373A (83 Del. Laws c. 265))

Filing fee in Delaware: what is the rule?

Mandatory expungement (application to the State Bureau of Identification): $72 to apply (fingerprints and criminal history); if eligible, a $75 money order payable to the Delaware State Police. (11 Del. C. §§ 4372, 4373)

When should I talk to a lawyer?

You are not a U.S. citizen; You have an open case, or are still on probation or parole; The case was in federal court or in more than one state; The offense may be on your state's excluded list, such as some violent or sex offenses; Your request was denied.

How much does it cost?

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.