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Clear your Delaware record DIY

You can clear your Delaware record. Delaware law lets you clear certain misdemeanor and felony arrest records and convictions under Del. Code tit. 11, ch. 43, subch. VII (§§ 4371-4378). Many qualifying records clear through Delaware's automated Clean Slate process; records that do not qualify for automation use a petition filed with the court that handled the case.

Expeal Ranking

Delaware's Expeal ranking is 13 out of 15, or a A-. This is the average of five metric scores across four case types.

Metric Misdemeanor — Arrest Misdemeanor — Conviction Felony — Arrest Felony — Conviction
Clean Slate 3 3 3 3
Expeal 3 3 3 3
Tasks 3 3 3 3
Wait 3 1 3 0
Cost 2 2 2 2
Total 14 12 14 11

The metrics are defined as follows:

  • Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing.
  • Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if the process requires a pardon or similar prerequisite.
  • Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement is required; 1 if administrative engagement is required before straightforward court; 0 if convincing the court is required.
  • Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 to 5 years; 0 if more than 5 years or an intermediate step is required before the clock starts.
  • Cost: 3 if under $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if more than $500.

Governing statutes

Fees

Fee Amount Source
Filing fee $75.00 Reference
Fingerprint fee $72.00 Reference
Certified copy fee $10.00 Reference

Step-by-step process

Below are the five phases that take you through the Expeal process in Delaware if you don't qualify for the automatic process.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

  1. Step 1: Get Fingerprinted. Visit your local police or sheriff's station and have your fingerprints taken.

    Cost: $72.00

  2. Step 2: Request your Record. Complete and submit your application to request an official copy of your criminal history record.

  3. Step 3: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

  1. Step 4: Request Certified Documents. Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Cost: $10.00

  2. Step 5: Verify the Final Documents. Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

Phase 3: Completing the Petition

  1. Step 6: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. Note the timing restrictions: certain misdemeanor convictions require three years to pass, others require five years, and certain felony convictions require ten years.

  2. Step 7: Finalize your Petition. Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

  1. Step 8: File your Expeal Request. Once you have confirmed you have everything, file the petition with the court that handled the case.

    Cost: $75.00

  2. Step 9: Work with the Court. After the court confirms it has received your filing, watch for the next instructions — typically a notice scheduling a hearing or a request for additional documentation. Respond promptly to anything the court asks for.

Phase 5: Confirming Your Record is Cleared

  1. Step 10: Receive the Court's Order. Once the court rules on your petition, it issues a written order either granting or denying the request to expunge. Review the order's terms carefully — they spell out which records are covered. Keep a certified copy for your own files.

  2. Step 11: Verify the Record Update. Under Del. Code tit. 11 § 4373, the State Bureau of Identification and the arresting agency must remove the expunged records from their public databases. Confirm with each agency that its records reflect the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference.

Official government links

The following pages are important to be familiar with as you work through the expungement process:

Forms

The following links lead to official forms required for the expungement process:

Common questions

Is this legal advice?

No. Expeal provides plain-language educational content and tools with direct citations to your state's statutes — not legal advice. For advice about your specific situation, consult a licensed attorney.

Why is this free?

The state-by-state guides — statutes, fees, steps, sources — are free for everyone. Expeal's revenue model is the optional DIY+ guided product available in select states, which funds the public-benefit educational content.