Informational, not legal advice. Statute citations and eligibility windows reflect research as of the “last verified” date on this page. Always confirm with a licensed attorney in your state of conviction before acting.
Delaware Clean Slate eligibility.
Delaware runs an automatic record-sealing process. If your record meets the criteria below, the state should seal it without you filing a petition. The verification path covers what to do if it didn't.
Note: § 4373A is the 'Mandatory expungement; automatic' provision; SBI identifies eligible cases monthly starting Aug 1, 2024. (§ 4374 is discretionary, not automatic.)
Take action
The quiz, the form checklist and the official sources for Delaware.
Eligibility quiz
Answer 4 short questions and we'll tell you whether your Delaware record qualifies — and under which statute.
Start quiz →
Form checklist
Every form, fee, and document you need to file in Delaware, on this page.
Open the checklist →
Official sources
The Delaware statute and court pages this answer is based on.
See the sources →
Wait periods by offense category
Years required between completion of all sentence requirements and the earliest date relief is available.
| Offense category | Wait period | Eligible after |
|---|---|---|
| Misdemeanor | 5 yr | Year 5 after sentence completion |
| Non-violent felony | 10 yr | Year 10 after sentence completion |
| Violent felony | Excluded | — |
| Sex offense | Excluded | — |
| DUI | 5 yr | Year 5 after sentence completion |
| Drug offense | 5 yr | Year 5 after sentence completion |
Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.
Compute your earliest eligible date
Enter your sentence-completion date and offense category to compute the earliest date your record becomes eligible. In Delaware, eligible records are sealed automatically on the state's schedule, so sealing can come later than this date.
Wait-period calculator
Del. Code tit. 11 § 4373AEnter the date all sentence requirements were fully completed (release date, end of probation, or final restitution payment — whichever is latest). We'll compute the earliest date your record becomes eligible.
Earliest eligible date: October 31, 2033
About 84 months remaining (wait period: 10 years).
Verify your record was actually sealed
- Pull a personal copy of your state record from Delaware's criminal history repository. Most states charge $15–$30 for an individual review request.
- Check that the records meeting eligibility are flagged sealed. Automatic sealing is processed in batches. If your record meets the criteria but isn't sealed yet, the most likely reason is that the next batch hasn't run.
- Run a public background check on yourself. Free options exist (state portal); paid options match what most employers see.
- If the seal didn't happen and you believe it should have, an expungement attorney can file a motion to correct the record. This site does not connect visitors with lawyers; contact a licensed Delaware attorney directly.
Excluded categories
These categories are typically excluded from automatic sealing in Delaware based on our research. An attorney may still see options.
Sex offenses
Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.
See state-by-state pagesViolent felonies
Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.
DUI / DWI
Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.
Pending cases or unpaid restitution
Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.
Federal convictions
Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.
Related reading
When the eligibility clock starts
What 'completion of sentence' really means and why batch sealing can lag the clock.
What most states leave out
Categories of offenses excluded from automatic sealing and petition relief.
Unpaid restitution as a silent block
How an open balance on the criminal docket blocks an otherwise eligible record.
Sealing and professional licensing
Why FBI-fingerprint background checks see records that consumer reports don't.
Delaware form checklist
What to assemble before you file. Even in a Clean Slate state, the verification checklist below tells you how to confirm your record was actually sealed and what to do if it wasn't.
- Pull a personal copy of your state criminal history record.
- Confirm all eligible records show as sealed.
- Verify with a free state-portal background check.
- If a seal is missing, gather the original case docket and file a motion to correct.
- Notify the prosecutor (the courts may also do this on your behalf).
- Keep a printed confirmation of the seal for future employers / landlords.