Delaware Expungement Forms: Which Forms to File and Where
Two Courts, Two Form Sets
Delaware expungement petitions are filed in one of two courts, and each uses different forms. The routing rule is straightforward:
- Family Court — if every charge you're seeking to expunge was disposed of exclusively in Family Court
- Superior Court — if any charge was decided in Superior Court, Court of Common Pleas, or Justice of the Peace Court
You file in the county where your most recent case was concluded.
Family Court Forms
| Form | Name | Purpose |
|---|---|---|
| Form 281 | Petition for Expungement of Adult Record | The actual petition — lists the charges you want expunged |
| Form 283 | Proposed Order Granting Expungement | The order the judge signs if your petition is granted |
| Form 1021IP | Adult Expungement Instruction Packet | Step-by-step instructions from the court |
| Form 257 | Application to Proceed In Forma Pauperis | Fee waiver application (Family Court has no filing fee for expungement, but this covers other potential court costs) |
All Family Court forms are available on the Delaware Courts website under the Expungement of Criminal Records forms library. Family Court also accepts filings via email at [email protected].
Superior Court Forms
| Form | Name | Purpose |
|---|---|---|
| CIV_EXP_02_A | Petition for Expungement | The petition listing charges and the legal basis for relief |
| CIV_EXP_04_A | Proposed Order Granting Expungement | The order for the judge's signature |
| CIV_EXP_07_A | Expungement Instructions | The court's procedural guide |
| CIV_CIV_07_A | Application to Proceed In Forma Pauperis | Fee waiver application for the $75 filing fee |
Superior Court forms are on the Delaware Courts website under the Expungement of Criminal Records section. Filing is done through the Prothonotary's office for the relevant county:
- New Castle County: 500 North King Street, Suite 500, Wilmington, DE 19801
- Kent County: 38 The Green, Dover, DE 19901
- Sussex County: One The Circle, Suite 2, Georgetown, DE 19947
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How to Assemble the Filing Packet
Prepare two identical sets — one original and one copy — stacked in this order:
- The petition (Form CIV_EXP_02_A or Form 281)
- The proposed order (Form CIV_EXP_04_A or Form 283)
- The SBI cover letter (the determination letter you received after fingerprinting)
- Your certified criminal history report (must be dated within 45 days — if it's expired, you need a new $72 IdentoGO check)
If filing in Superior Court, include the $75 filing fee (payable to "State of Delaware") or attach your In Forma Pauperis application.
Signing and Notarization
Filing in person: Bring your completed but unsigned petition and a photo ID to the clerk's office. The clerk will verify your identity and notarize your signature on the spot.
Filing by mail: Have the petition notarized by a licensed Delaware notary before mailing. Send the notarized original, the copy, and the filing fee to the appropriate Prothonotary or Family Court Expungement Clerk.
Don't sign the petition before you arrive at the clerk's office if filing in person — the clerk needs to witness your signature.
After Filing
The court assigns a case number and serves a copy on the Attorney General's office automatically. You don't need to serve the AG yourself. The AG has 120 days to review and respond. If they don't object, the file goes straight to a judge.
For a complete walkthrough of every step after filing — including how to respond if the AG objects and how to verify your records are actually sealed — our Delaware Expungement & Record Sealing Guide covers the full process.
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