Family Court vs Superior Court Expungement in Delaware

Filing your Delaware expungement petition in the wrong court wastes your filing fee, delays the process by months, and forces you to start over. The venue question seems simple, but the rules have a specific logic that trips up a lot of self-filers.

The Core Rule

Delaware law dictates the correct filing venue based on where your charges were originally disposed of:

Family Court: If all charges you're seeking to expunge were disposed of exclusively within the Delaware Family Court, you file your petition in the Family Court of the county where the most recent case was terminated.

Superior Court: If any of your charges originated or concluded in a court outside of Family Court — including Superior Court, the Court of Common Pleas, or the Justice of the Peace Court — the entire petition must be filed in the Superior Court of the county where the most recent case was concluded.

The key word is "any." Even if nine of your ten charges went through Family Court, if one charge was handled in the Court of Common Pleas, everything goes to Superior Court.

Why the Venue Matters Financially

The filing fee difference is significant:

• Family Court: $0 filing fee for expungement petitions
• Superior Court: $75 filing fee, payable to the "State of Delaware"

If your case qualifies for Family Court filing, that saves you $75. But filing in Family Court when the venue rules require Superior Court means your petition will be rejected, and you'll have wasted time re-assembling your filing packet for the correct court.

The $75 Superior Court fee is non-refundable, but if you genuinely cannot afford it, you can file an Application and Affidavit to Proceed In Forma Pauperis (Form CIV_CIV_07_A for Superior Court, or Form 257 in Family Court) alongside your petition. A judicial officer evaluates the request against state poverty guidelines, and if approved, the court-assessed filing fees are waived. Note that this waiver cannot cover the $72 IdentoGO fingerprinting fee or the $75 SBI administrative fee — only court-assessed fees.

Filing Addresses by County

Superior Court Prothonotary offices:

• 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

Family Court Clerk offices:

• New Castle County: 500 N. King Street, Lower Level 1, Wilmington, DE 19801
• Kent County: 400 Court Street, Dover, DE 19901
• Sussex County: 22 The Circle, Georgetown, DE 19947

The Forms Are Different Too

Each court uses its own petition forms:

• Superior Court: Petition Form CIV_EXP_02_A, Proposed Order Form CIV_EXP_04_A
• Family Court: Petition Form 281, Proposed Order Form 283

Using the wrong forms for the wrong court is another common mistake. Download the correct forms from the Delaware Courts website before assembling your packet.

How to Figure Out Which Court Handled Your Case

If you're not sure where your charges were disposed, your certified criminal history report from the SBI will show the court jurisdiction for each case. Order the report through IdentoGO using Service Code 27S23V ($72), and review the disposition details for each charge.

You can also check Delaware's online court docket system, which is publicly accessible. Look up your name and review which court is listed for each case number.

Common patterns:

• Juvenile offenses were almost always handled in Family Court
• Adult misdemeanors may have been in Court of Common Pleas, Justice of the Peace Court, or Superior Court depending on the charge
• Felony charges typically go through Superior Court
• Cases that started in a lower court but were bound over to Superior Court for trial count as Superior Court cases

Multi-County Complications

If your charges were spread across multiple counties — say, a Kent County arrest and a New Castle County arrest — file in the county where the most recent case was concluded. All charges on the petition go to that single venue, regardless of where they originated.

Filing Methods

Both courts accept petitions in person and by mail. Family Court also accepts email submissions to [email protected].

For in-person filing, bring the completed but unsigned petition. The court clerk verifies your identity with photo ID and notarizes your signature on the spot. For mail filing, you must have the petition notarized by a licensed Delaware Notary Public before sending it.

Either way, prepare two identical packets — one original and one photocopy. The court keeps the original and returns the clocked-in copy for your records.

For the complete filing walkthrough — including packet assembly order, the notarization requirement, and the post-filing timeline — the Delaware Expungement & Record Sealing Guide covers every step of both the Family Court and Superior Court processes.

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