Your Case May Be Over — But Your Record Isn't
Even when a case is dismissed, your criminal history may still show that you were charged in the first place. That record can surface in background checks for jobs, housing applications, and professional licenses. Expungement removes or seals those records, giving you a genuinely clean slate.
In Delaware, juvenile records may also be expunged in certain cases — even when a child was adjudicated delinquent — protecting young people's futures from the consequences of youthful mistakes.
Eligibility Review
Assessing whether your record qualifies under Delaware's statutes — including recent changes to expungement law.
Petitions & Filings
Preparing and filing the expungement paperwork with the court accurately and completely.
Hearings
Representing you before a judge if your case requires a hearing — including advocacy for why expungement is appropriate.
Future Protection
Advising on how to present your record cleanly after expungement, including what to say on applications.
Delaware's Expungement Laws Are Evolving
Delaware's expungement statutes are codified under 11 Del. C. §§ 4371–4375. The law distinguishes between mandatory expungements (cases that were dismissed, acquitted, or resulted in a nolle prosequi — for which the state must expunge upon petition), discretionary expungements (certain misdemeanor convictions after a waiting period), and expungement by application through the courts. The Clean Slate Act also created an automated expungement process for some eligible offenses. We stay current on Delaware's evolving expungement laws and understand how to position your case for success.
Certain serious convictions — including most violent felonies, sex offenses, and DUI convictions under 21 Del. C. § 4177 — are not eligible for expungement. We'll give you an honest, specific assessment of your eligibility in a free consultation.
Expungement FAQ
Who qualifies for expungement in Delaware?
Eligibility depends on the charge, the outcome, and how much time has passed. Many dismissed charges, some misdemeanors, and certain low-level felonies may qualify. DUI convictions are generally not eligible. We'll review your specific record in a free consultation.
How long does expungement take in Delaware?
The process typically takes several months from filing to completion, depending on court schedules and whether a hearing is required. We guide you through every step to make it as efficient as possible.
Will my record truly be clean after expungement?
For most purposes, yes. Once expunged, you can generally answer "no" when asked about the record on job and housing applications. However, there are exceptions for certain government positions and professional licenses — we'll explain what applies to your situation.
Can juvenile records be expunged?
Yes, in many cases. Delaware law allows juvenile records to be expunged in certain circumstances — even when a child was found delinquent. Protecting a young person's record can make a major difference in their future opportunities.
Have more questions? Schedule a free consultation or call 302-735-8401.