Delaware Expungement Laws 2026
Delaware expungement and record-sealing laws: eligibility, waiting periods, and how to clear a criminal record in Delaware.
Delaware allows certain criminal records to be cleared or sealed. The relief is called "Expungement", governed by Del. Code tit. 11 § 4371.
Automatic record clearing in Delaware
Yes — Delaware clears or seals many eligible records automatically, without a separate petition. Delaware expunges non-conviction records automatically and allows petition-based expungement of some convictions after a wait.
At a glance
| Detail | Delaware |
|---|---|
| Relief available | Expungement |
| Statute | Del. Code tit. 11 § 4371 |
| Automatic clearing? | Yes — many eligible records clear automatically |
| Waiting period | Automatic for non-convictions; 3-7 years for some |
| Eligible records | Non-conviction records automatically; some convictions by petition |
| Process | Automatic for arrests not leading to conviction; petition for others |
Who is eligible
Non-conviction records automatically; some convictions by petition.
How the process works
Automatic for arrests not leading to conviction; petition for others.
Source and last verified
Statute: Del. Code tit. 11 § 4371. Last verified: 2026-08-04. Laws change — confirm the current rule with the Delaware records authority before acting.
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Frequently Asked Questions
What is record clearing called in Delaware?
In Delaware, the relief is called "Expungement", governed by Del. Code tit. 11 § 4371.
How long do I wait before clearing a record in Delaware?
Automatic for non-convictions; 3-7 years for some.
Who can clear a record in Delaware?
Non-conviction records automatically; some convictions by petition.
Does Delaware clear records automatically?
Yes — under Delaware law, many eligible records are sealed or cleared automatically without a petition. Delaware expunges non-conviction records automatically and allows petition-based expungement of some convictions after a wait.