Delaware Expungement Process: How to Clear Your Record Step by Step

What Delaware Expungement Actually Does

Delaware expungement doesn't destroy criminal records. Under 11 Del. C. § 4376, a granted expungement order directs affected courts, police departments, and state agencies to segregate the records from public view and place them under the secure custody of the State Bureau of Identification (SBI). Once sealed, the records are invisible to commercial background screening companies, private employers, and landlords. You can legally answer "no" when asked whether you've been arrested or convicted of the expunged offense.

That distinction matters because the record still physically exists — certain professional licensing boards and federal agencies retain access. But for the purposes of job applications, apartment leases, and most background checks, an expungement effectively removes the barrier.

Step 1: Pull Your Certified Criminal History

Everything starts with a fingerprint-based background check through IdentoGO, Delaware's designated vendor. You'll need Service Code 27S23V (the code for expungements and pardons specifically), and the fee is $72.

Book an appointment at one of three locations: the SBI facility in Dover (walk-ins accepted), State Police Troop 2 in Bear, or Troop 4 in Georgetown (both require advance appointments). If you're fingerprinting out of state, expect an additional $39.95 processing fee through the IdentoGO portal.

One critical detail: the SBI delivers your certified report via a secure email link that can only be opened once. Open it on a computer connected to a printer and save the PDF immediately. If you lose access, you'll need to pay the $72 again. The report expires 45 days from issuance when used for court filings, so don't pull it until you're ready to move.

Step 2: Get the SBI Determination Letter

About two weeks after fingerprinting, the SBI mails a determination letter. This is the fork in the road:

• Mandatory pathway packet: The SBI confirms your records qualify for mandatory expungement. Sign the packet and return it within 30 days with a $75 money order payable to the Delaware State Police. No court appearance required.
• Discretionary pathway notice: The SBI says your records need a court petition. You'll file in either Superior Court or Family Court depending on where your case was originally decided.

If your records qualify for mandatory expungement, you may also be eligible for automatic clearance through Delaware's Clean Slate system. Since June 2026, the state has been running automated batch sweeps — but with over one million cases still in the backlog, filing manually is faster if you have a deadline.

Step 3: File the Court Petition (Discretionary Cases)

For discretionary expungement, pick the right venue:

• Family Court: File here if all your charges were disposed of exclusively in Family Court. Use Form 281 (petition) and Form 283 (proposed order). No filing fee.
• Superior Court: File here if any charge was decided in Superior Court, Court of Common Pleas, or Justice of the Peace Court. Use Form CIV_EXP_02_A (petition) and CIV_EXP_04_A (proposed order). The filing fee is $75, payable to the State of Delaware. If you can't afford it, file an In Forma Pauperis application (Form CIV_CIV_07_A) with your petition.

Assemble two identical packets — one original and one copy — in this order: petition, proposed order, SBI cover letter, and certified criminal history report. If filing in person, bring photo ID and sign in front of the clerk. If mailing, have the petition notarized first.

Step 4: Wait Out the AG's 120-Day Review

Once filed, the court serves a copy on the Delaware Attorney General's office. They have 120 days to review and respond. Most of the time, the AG either consents or doesn't respond — and the file goes directly to a judge.

If the AG objects, you have 30 days from their response to file a written reply countering the objection. You'll need to demonstrate that keeping the record public causes "manifest injustice" — the legal standard for discretionary expungement under 11 Del. C. § 4374.

Physical court hearings are uncommon. In most cases, the judge decides based entirely on the written filings.

Step 5: Verify the Record Is Actually Sealed

Delaware doesn't send you a notification when agencies finish sealing your records. After you receive the signed expungement order, allow about 60 days for agencies to comply, then verify three ways:

1. Court docket: Check Delaware's court access portal to confirm the case no longer appears publicly.
2. Fresh SBI report: About 70 days post-order, pay $72 for a new IdentoGO background check. If the expunged charges are absent, state-level sealing is complete.
3. Commercial background check: Private screening companies cache historical data. Run a personal consumer background report. If the expunged record still appears, submit a formal dispute with a copy of your certified court order. Under the FCRA, they cannot continue reporting an expunged record once notified.

Manual processing takes roughly four to six months for discretionary court petitions and three to six months for mandatory SBI petitions; agency sealing and verification follow the signed order.

What This Process Costs

For a mandatory expungement: $72 (fingerprinting) + $75 (SBI fee) = $147 total.

For a discretionary Superior Court petition: $72 (fingerprinting) + $75 (filing fee) = $147 total, plus a second $72 for the verification check afterward. Family Court petitions drop the filing fee to $0.

If you need detailed checklists for each step — including the financial audit, document assembly sequence, and post-order verification templates — our Delaware Expungement & Record Sealing Guide walks through the entire process.

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