How Long Does Delaware Expungement Take

Waiting Periods Before You Can File

Before you can even start the process, Delaware requires a minimum waiting period that depends on how your case ended:

• Dismissed, acquitted, nolle prosequi, or completed PBJ: No waiting period — eligible immediately
• Single violation conviction (no other convictions): 3 years from conviction date
• Single eligible misdemeanor conviction (mandatory track): 5 years from conviction date
• Misdemeanor (discretionary track): 3 years from conviction date
• Excluded misdemeanor (discretionary track): 7 years from conviction date
• Non-violent felony (discretionary track): 7 years from conviction or release from incarceration, whichever is later

For conviction-based tracks, the clock starts from the conviction date; for an eligible felony, it runs from the later of the conviction date or release from incarceration — not the arrest date. The conviction-based waiting periods apply only if you have no pending charges, no active supervision, and no prior or subsequent convictions (with exceptions for underage alcohol and personal-use marijuana).

Processing Time After Filing

Once you actually file, here's what each pathway typically takes:

Clean Slate automatic clearance: Unknown. The state runs monthly batch sweeps, but with over one million cases still in the backlog as of mid-2026, there's no way to predict when any individual record will be reached. If you're waiting on a job or housing application, automatic clearance isn't a reliable timeline.

Mandatory expungement (manual SBI filing): Three to six months from the date you mail the signed application packet and $75 money order. The SBI processes these individually, and there's no court involvement.

Discretionary expungement (court petition): Four to six months is typical, and most of that time is the Attorney General's 120-day statutory review window. After the AG responds (or the window closes without a response), the file goes to a judge. Most decisions are made on the written record without a hearing.

The Full Timeline, Start to Finish

Here's what a typical discretionary case looks like end-to-end:

Discretionary processing: roughly 4–6 months after filing; agency sealing and verification follow the signed order.

Mandatory processing: roughly 3–6 months after mailing the packet; verification follows the signed order.

One Deadline That Can Derail Everything

Your certified criminal history report expires 45 days from issuance. If you take too long to assemble your court filing packet, you'll need to pay the $72 fingerprinting fee again for a fresh report. Pull the report when you're ready to file — not weeks in advance.

Speed It Up

The biggest delay in the discretionary process is the AG's 120-day review. You can't shorten that window, but you can make sure you don't add delays on your end:

• Resolve any outstanding fines, fees, or restitution before pulling your SBI report. Unpaid obligations block the petition entirely.
• Double-check your filing venue (Family Court vs. Superior Court) before assembling the packet. Filing in the wrong court means starting over.
• Have notarization handled before mailing. If filing in person, the clerk will notarize at the counter — no advance appointment needed.

If you're facing a tight deadline and want a structured filing checklist to avoid missteps, our Delaware Expungement & Record Sealing Guide lays out every step with the exact timing.

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