Delaware Delaware

Below is a general overview of when juvenile records can be expunged in Delaware. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Juvenile Record Clearance Policies Overview

Most juvenile records can be expunged.

  • If your record only has charges for misdemeanors or violations and you were never adjudicated (not found guilty), your record can be expunged at any time after the charges are dismissed. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria.
  • If your record includes felonies and you were never adjudicated (not found guilty), your record can be expunged one year after your last felony case is dismissed. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria. You can submit your request before the one year has passed if your record is causing you harm.
  • If your record only has one adjudication (guilty finding), your record can be expunged three years after you are adjudicated (found guilty). You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria. This does not apply to you if your adjudication was for a felony sex offense.
  • If you were adjudicated (found guilty) of only one misdemeanor sex offense, your record can be expunged three years after you are adjudicated (found guilty). You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
  • If you were adjudicated (found guilty) for only one felony sex offense, your record can be expunged five years after your adjudication. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
  • If you were adjudicated (found guilty) of more than one offense, your record can be expunged five years after the most recent adjudication (guilty finding). You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. This does not apply to you if you were adjudicated of a violent felony or felony sex offense.
  • If you were adjudicated (found guilty) of more than one offense and at least one of those offenses was a violent felony or felony sex offense, your record can be expunged seven years after the most recent adjudication (guilty finding). You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.

You may not be eligible for expungement if you have certain convictions or adjudications on your record or have pending criminal charges. Most traffic offenses cannot be expunged.

Find a Lawyer

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Court Forms and Resources

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.

Explore legal service providers located in the state by proximity to a zip code or county.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The Clean Slate Clearinghouse does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Records relating to a Family Court misdemeanor conviction or violation that was pardoned can be expunged by the Family Court. 10 Del. C. § 1025(f). See 10 Del. C. § 922 for the Family Court's jurisdiction.

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Records of a misdemeanor or violation conviction for which a pardon was received can be expunged by the Superior Court. 11 Del. C. § 4375.

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Upon application, records of a single marijuana possession conviction that occurred before December 18, 2015 are expunged by the State Bureau of Identification immediately, provided that the person is otherwise eligible for mandatory expungement under 11 Del. C. section 4373. 16 Del. C. § 4764(j).

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Records relating to a conviction that resulted from being a victim of human trafficking can be vacated and expunged by the court immediately. 11 Del. C. § 787(j).

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Records relating to certain misdemeanors and lesser offenses charged in criminal court that were discharged following completion of probation before judgment can be expunged by the State Bureau of Investigation, so long as the petitioner has not been convicted of any crime since the date the case was discharged. 11 Del. C. §§ 4218, 4372, 4373.

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Records relating to a case discharged by the criminal court following successful completion of probation before judgment can be expunged by the court immediately following discharge of the case. 11 Del. C. §§ 4218, 4372, 4374.

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Records related to certain misdemeanors and lesser offenses charged in family court that were discharged after completion of probation before judgment can be expunged by the State Bureau of Identification if the petitioner has not been convicted of any crime since the discharge. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for the Family Court's jurisdiction.

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Records related to a charge not covered by mandatory expungement that was discharged after the completion of probation before judgment can be expunged by the Family Court. 10 Del. C. § 1025(e). See 10 Del. C. § 922 for the Family Court's jurisdiction.

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Records relating to certain misdemeanors and lesser offenses charged in criminal court can be expunged by the State Bureau of Investigation immediately after the case is terminated in favor of the accused as defined in section 4372, so long as the petitioner has not been convicted of any crime since the termination. 11 Del. C. § 4373.

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Records relating to a case charged in criminal court can be expunged by the court immediately following termination of the case in favor of the accused as defined in section 4372. 11 Del. C. § 4374.

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  Records relating to certain misdemeanors and lesser offenses charged in family court can be expunged by the State Bureau of Identification immediately following termination of the case in favor of the accused, so long as the petitioner has not been convicted of any crime since the case terminated. 10 Del. C. § 1025(d). See 10 Del. C. § 922 for Family Court jurisdiction.

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  Records relating to a charge that was not covered by a mandatory expungement policy and was terminated in favor of the accused as defined in section 1025(b) can be expunged by the Family Court. 10 Del. C. § 1025(e). See 10 Del. C. § 922 for Family Court jurisdiction.

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A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner can be expunged during the Court proceeding at which the case was terminated. 10 Del. C. § 1017(a).

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Records relating to multiple adjudications for cases that include Title 11 violent felonies and felony sex offenses can be expunged, so long as seven years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4).

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An adjudication for prostitution, loitering, or obscenity can be vacated by the court, and the related records can be expunged, after two years. 11 Del. C. § 787(j).

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A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner will be expunged. 10 Del. C. § 1017(a).

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A record relating to felony, misdemeanor, and violation cases that were terminated in favor of petitioner will be expunged upon petition after one year since the last felony case was terminated. 10 Del.C. § 1017(a).

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A record relating to only one felony, misdemeanor, or violation case will be expunged upon petition after three years since the date of adjudication, provided that the petitioner meets certain requirements. 10 Del.C. § 1017(a)(3).

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A record relating to only felony, misdemeanor, or violation cases which were terminated in favor of the petitioner can be expunged if less than one year has passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(1).

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A record relating to a single case that resulted in an adjudication of delinquency for a misdemeanor sex offense can be expunged, if at least three years have passed and the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, a manifest injustice to the petitioner. 10 Del. C. § 1018(a)(2).

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Records relating to a single case that resulted in an adjudication of delinquency for a violent felony, as defined in section 1016, can be expunged, so long as three years have passed since adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(2).

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Records relating to no more than one case which resulted in adjudication of delinquency for a felony sex offense can be expunged, so long as five years have elapsed since the adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(3).

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Records relating to multiple adjudications for cases can be expunged, so long as five years have elapsed since the last adjudication and the person is not subject to a disqualifying event. 10 Del. C. § 1018(a)(4).

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