Skip to content

Clearing a Record

11 Del. C. § 4373 — a dismissed case expunged automatically, misdemeanors after 5 years, and some felonies after 10

The State Bureau of Identification expunges a case on request, and each month on its own for eligible cases, where:

  • 11 Del. C. § 4373
  • 11 Del. C. § 4373A
  • The case ended in the person's favor.
  • It ended in violations only, and 3 years have passed since the conviction.
  • It was a conviction for marijuana or paraphernalia possession.
  • It ended in misdemeanors, with no barring convictions, and 5 years have passed.
  • It was a drug possession conviction, and 5 years have passed.
  • It was one of the listed felonies, and 10 years have passed since conviction or release.
  • 11 Del. C. § 4373
Email

Other cases go to the court as a petition. A person with no other convictions may apply after 3 years for most misdemeanors, after 7 years for the misdemeanors excluded from mandatory expungement, and after 7 years for an eligible felony.

  • 11 Del. C. § 4374

Old charges with no outcome. A charge 7 or more years old with no recorded disposition is treated as dismissed, and does not count against eligibility, unless there is an active warrant.

  • 11 Del. C. § 4373

Domestic violence, offenses against children, and some sexual offenses are excluded. A particular record is a question for a licensed Delaware attorney.

  • 11 Del. C. § 4373
Sources for this section (3)
  1. 11 Del. C. § 4373 — Mandatory expungement; application through SBI
  2. 11 Del. C. § 4373A — Mandatory expungement; automatic
  3. 11 Del. C. § 4374 — Discretionary expungement; application to court

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.

On the clock

3 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.