Clean Slate Delaware

Delaware's Clean Slate law is composed of two main pieces of legislation.

Senate Bill 111:

• Automates the  mandatory expungement process of certain juvenile and adult records for people who remain crime-free for a set period of time.
• Replaces the petition-based process with an automated “Clean Slate” process for clearing eligible records ensures greater equity, consistency and cost-effectiveness statewide.

Senate Bill 112:

• Expanded eligibility for mandatory expungement to include certain drug or paraphernalia possession charges, underage possession or consumption of alcohol, other misdemeanors, and a limited number of felony charges.

​​​​With the passage of SB 111 and 112, more than 290,000 people are eligible to have their record expunged through Delaware’s automated expungement process starting in August 2024. Automating the expungement of records eligible for mandatory expungement will provide individuals better access to employment, housing, education and training opportunities.

The automated expungement process began implementation on August 1, 2024.

The following process is applicable to Adult Mandatory Expungement Eligible Records (AMEE):

1. Identifying eligible records: Beginning August 1, 2024, the Delaware Criminal Justice Information System (DELJIS) will identify records in the Delaware Criminal Records database that fit the adult or juvenile mandatory expungement eligibility criteria.

2. Processing of eligible records: DELJIS sends batches of records that meet the mandatory expungement eligibility requirements to the Delaware State Bureau of Investigation (SBI).

3. Expungement process: SBI manually reviews each record identified by DELJIS to confirm eligibility and expunges all mandatory expungement-eligible records

Once expunged, the record will still exist for law enforcement agencies, but the state will no longer provide the record in response to public background checks.

4. Next steps: As of August 2024, there are two ways to learn if your eligible record has been expunged:

• Visit a court prothonotary office and use the public access terminal to view any remaining records. Public access terminals will only provide information about adult records.
• Or, request a certified criminal history from SBI to view any remaining records (note – this option requires a $72 fingerprinting fee).

Clean Slate Delaware continues to advocate for alternative notification pathways.

Download the one-pager

If you do not have pending charges, are not on probation or parole, and are not currently incarcerated, your record may be eligible for some form of expungement.

All records where the “case is terminated in favor of the accused” are eligible for mandatory expungement upon request with no waiting period. A case terminated in favor of the accused can be expunged even if a person has prior or subsequent convictions that are ineligible for expungement. Cases “terminated in favor of the accused” include:

• Acquittals of all charges;
• A nolle prosequi on all charges or a case where all charges were dropped;
• Dismissal after probation before judgment;
• Dismissal of all charges; and
• Arrests that are not charged within 1 year of the arrest.

Records of convictions for marijuana possession, underage possession of alcohol, and underage consumption of alcohol are also eligible for mandatory expungement with no waiting period.

Records of one or more criminal violations relating to the same case, even if the person has prior or subsequent convictions, are eligible for mandatory expungement after three years.

Certain types of cases containing one or more misdemeanor convictions, or a combination of misdemeanors and violations, are eligible for mandatory expungement after five years if the person has no prior or subsequent convictions.

A few felony convictions (including possession of burglar’s tools, unlawful use of a payment card, and certain drug-related and forgery convictions) are eligible for mandatory expungement after ten years if the person has no prior or subsequent convictions.

Domestic violence restrictions: Any record of conviction that involves domestic violence, a child victim, or a vulnerable adult victim is not eligible for mandatory expungement. Such records may be eligible for discretionary expungement after 7 years or a discretionary expungement after pardon. For more information about what constitutes a “crime of domestic violence,” see 11 Del. C. §4373(b)(1).

MANDATORY EXPUNGEMENT ELIGIBILITY LIST

The Office of Defense Services' (ODS) expungement assistance website is equipped with a live chatbot, helpful guides, and more resources to walk you through the expungement process based on your record.

For immediate assistance, call the ODS expungement hotline at (302) 577 5142.

ODS Expungement Eligibility Chat Bot

Download the eligibility flowchart

If your record is not eligible for mandatory expungement, you may still be able to find relief through discretionary expungement or a discretionary expungement following a pardon. The discretionary expungement process involves a petition to the Court. The Court will grant an expungement if it finds that the continuing existence and availability of the record “constitute[s] a manifest injustice.” 11 Del. C. § 4374(f).

Records eligible for discretionary expungement are:

• A single non-violent felony after a seven-year waiting period, with no prior or subsequent convictions. 
• “One or more” misdemeanors relating to the same case, with no prior or subsequent convictions.  Misdemeanors eligible for mandatory expungement are eligible for a discretionary expungement after a three-year waiting period (two years before they would be eligible for the mandatory expungement process).  Other eligible misdemeanors can petition for a discretionary expungement after a seven-year waiting period.

• If a record includes multiple cases that include a conviction and each case, considered individually, would be eligible for mandatory expungement, then the cases containing only misdemeanor convictions can petition for a discretionary expungement five-years after the most recent conviction or release from incarceration, whichever was later. (Note: If you have anyway to make this incredibly complicated sentence simpler, please let me know.  It is a very complicated eligibility determination, and this is the best I've been able to come up with.)

If you have more than one case containing a conviction on your record, or if your conviction is not one of the types listed as eligible for discretionary expungement, you must obtain a pardon in order to qualify for an expungement. The only convictions not eligible to apply for a discretionary expungement following a pardon are:

• Manslaughter;
• Murder in the first or second degree;
• Rape in the first or second degree;
• Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree; and
• Any Title 21 Motor Vehicle Charge, other than those listed under 11 Del. C. §4374(i)(2):
  • Driving after judgment prohibited;
  • Reckless driving; and
  • Operation of a motor vehicle causing death.

For more information, see 11 Del. C. § 4375(b).

LEARN MORE

For questions, please email John Reynolds, ACLU-DE Deputy Policy & Advocacy Director., at [email protected].