Delaware Expungement Without a Lawyer: When DIY Filing Works

When You Don't Need a Lawyer

If your case qualifies for mandatory expungement, there is genuinely no reason to hire an attorney. The process is entirely administrative — you deal with the State Bureau of Identification, not a courtroom. The SBI cannot deny your application if you meet the statutory criteria. You pull your criminal history ($72), receive the SBI's determination letter confirming you qualify, sign the application packet, mail it back with a $75 money order, and wait three to six months.

This covers dismissed charges, acquittals, nolle prosequi entries, and completed Probation Before Judgment with no waiting period; single violation convictions (after 3 years) and single eligible misdemeanor convictions (after 5 years) require no other convictions on your record.

Discretionary Cases: It Depends

For discretionary expungement, you're filing a petition in court and a judge decides. But even here, hiring a lawyer isn't always necessary.

Self-filing works well when:

• You have a single conviction on a straightforward factual record
• The offense clearly qualifies for discretionary expungement
• You can clearly articulate why keeping the record public creates "manifest injustice" (e.g., it's blocking specific employment or licensing)
• You've satisfied all fines, fees, and restitution

Most discretionary cases are decided entirely on paper — the judge reads your petition and the AG's response (or non-response) and makes a ruling. Physical hearings are rare. The forms are standardized (Form CIV_EXP_02_A for Superior Court, Form 281 for Family Court), and the filing process is well-documented in the court instruction packets.

Consider hiring a lawyer when:

• The AG objects to your petition and you need to file a written counter-argument
• You have multiple convictions across different cases or jurisdictions
• The offense is on the statutory exclusion list and you need to argue the "manifest injustice" standard aggressively
• You need a Governor's Pardon before you can petition for expungement
• You're a non-citizen and immigration consequences are involved

The Self-Filing Process

Here's what the process looks like if you handle it yourself:

1. Pull your certified criminal history through IdentoGO using Service Code 27S23V ($72). Save the PDF immediately — the secure email link opens only once.

2. Receive the SBI determination letter (~2 weeks). It tells you whether you're on the mandatory or discretionary track.

3. For mandatory cases: Sign the application packet, mail it back with a $75 money order. Done — no court filing needed.

4. For discretionary cases: Determine whether to file in Family Court (no fee, all charges must have originated there) or Superior Court ($75 fee). Complete the petition and proposed order. Assemble two identical packets — petition, proposed order, SBI letter, and certified criminal history — and file with the court. The clerk handles serving the AG.

5. Wait for the AG's response (up to 120 days). If they object, file your written reply within 30 days. If they don't, the file goes straight to the judge.

6. After the order is signed: Wait 60 days for agencies to seal the records, then verify with a new SBI check and a commercial background check.

What It Costs Without a Lawyer

For mandatory cases: $147 ($72 fingerprinting + $75 SBI fee).

For Superior Court discretionary cases: $147 ($72 fingerprinting + $75 filing fee). Family Court has no filing fee, bringing the cost down to $72.

Compare that to attorney flat fees of $1,100 to $4,000+ for the same filing.

Free Resources Worth Knowing About

• APEX program (Delaware Department of Labor): Free one-on-one navigation support for people at least 3 years arrest-free with no open cases
• ACLU of Delaware: Periodic free expungement clinics
• Office of Defense Services: Expungement assistance line at (302) 577-5142

For a detailed DIY filing walkthrough — including the document assembly checklist, the financial obligation audit, and templates for responding to AG objections — our Delaware Expungement & Record Sealing Guide was built for exactly this scenario.

See more Delaware guides →