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:
- 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.
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.
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.
Domestic violence, offenses against children, and some sexual offenses are excluded. A particular record is a question for a licensed Delaware attorney.
Sources for this section (3)
- 11 Del. C. § 4373 — Mandatory expungement; application through SBI
- 11 Del. C. § 4373A — Mandatory expungement; automatic
- 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.