Delaware Expungement, Clean Slate & Court Record Removal

Delaware's Expungement Law - What Changed with Clean Slate (2022)

Delaware's expungement framework is codified at Del. Code tit. 11, § 4371 et seq. and was substantially expanded by the Clean Slate Act of 2022. Before Clean Slate, Delaware's expungement law was relatively narrow - primarily covering non-conviction records and a limited class of misdemeanors. The 2022 legislation made three major changes.

First, it expanded expungement eligibility to include certain non-violent felony convictions that were previously excluded. Second, it created an automatic expungement mechanism for qualifying misdemeanor convictions after the required waiting period has elapsed, without requiring the individual to file a petition. Third, it reduced waiting periods for certain offense classes. These changes make Delaware one of the more progressive states for expungement eligibility - but the online removal challenges remain the same regardless of how the legal relief was obtained.

Eligibility for Expungement in Delaware

Delaware's eligibility criteria post-Clean Slate are more accessible than before 2022, but categorical exclusions still apply. Here's what the law currently requires by category. For more information, visit the Delaware Courts.

Non-Conviction Records (Dismissed and Acquitted Cases)

Cases that were dismissed, no-papered (not filed by the prosecutor), or resulted in acquittal at trial are eligible for expungement immediately without any waiting period. You must file a petition with the Superior Court (for felony-level charges) or the Court of Common Pleas (for misdemeanors). Non-conviction expungements are the most straightforward category and are nearly always granted when the procedural requirements are met. Learn more about expungement vs. record sealing on our blog.

Misdemeanor Convictions - Automatic Expungement

Under the Clean Slate Act, many misdemeanor convictions are now subject to automatic expungement after a 3-year waiting period following sentence completion, provided: Learn more about court record removal on our blog.

• All sentence conditions have been met, including fines, probation, and restitution
• No subsequent convictions have occurred
• No criminal charges are pending
• The offense is not a categorically excluded offense

Automatic expungement processes on a rolling schedule managed by the state - but delays in processing are common, and individuals are advised to confirm their records have actually been expunged rather than assuming automatic processing has occurred. Learn more about background check reports on our blog.

Felony Convictions

The Clean Slate Act expanded eligibility to certain non-violent felony convictions after a 7-year waiting period post-sentence completion. The same conditions apply as for misdemeanors - no subsequent convictions, no pending charges, and all sentence requirements fulfilled. Violent felonies, sex offenses, murder, DUI causing injury, and certain other serious felonies remain categorically excluded.

Why Delaware Court Records Persist Online After Expungement

Delaware's expungement process seals official government records - but the private internet ecosystem that indexed your records before expungement operates independently and is unaffected by any court order. For more information, visit the Delaware Code.

courts.delaware.gov - The State Court Portal

Delaware's courts website at courts.delaware.gov provides public access to court records through the Superior Court and Justice of the Peace Court online systems. After expungement, these portals are required to restrict public access to the expunged record. Processing delays mean records can persist for weeks to months after the expungement order. If your expunged record still appears on courts.delaware.gov after 60 days, contact the court clerk's office or the Delaware State Bureau of Identification to request a manual update.

Delaware State Bureau of Identification (SBI)

The SBI maintains Delaware's criminal history repository. Expungement orders are served on the SBI, which is directed to destroy its records of the expunged arrest and conviction. After your expungement is effective, request a copy of your updated criminal history from the SBI to confirm the expungement has been reflected. This step is especially important for employment and licensing contexts where background checks draw from the SBI repository.

CourtListener and Legal Databases

Delaware Supreme Court and Superior Court appellate opinions are indexed by CourtListener and other legal research databases. If your case resulted in a published appellate decision, that opinion may be indexed and searchable by party name. Trial court records are generally not indexed by CourtListener. Appellate opinions require direct contact with each database for removal requests - success varies by platform and the nature of the case.

Data Broker Sites

Spokeo, BeenVerified, Intelius, TruthFinder, PeopleFinder, Radaris, and dozens of other aggregators compiled your record from courts.delaware.gov and other public sources before your expungement. The expungement order has no legal force over these companies. Each must be contacted individually with opt-out requests, with your expungement order documentation attached. Processing typically takes 2 to 6 weeks, and profiles can repopulate from secondary sources after removal.

How to Remove Delaware Court Records from Google and Data Broker Sites

After confirming your expungement is in effect (whether through automatic processing or a court petition), the following steps address the online dimension of your record. These steps are applicable whether or not your record has been expunged - expungement documentation simply strengthens each request.

1. 1
   Verify your expungement is in effect
   Check courts.delaware.gov for your case and confirm the SBI has updated your record. For petition-based expungements, obtain certified copies of the expungement order. For automatic expungements, request written confirmation from the SBI that your record has been processed. Keep all documentation - you will need it for every subsequent removal request.
2. 2
   Audit every URL showing your record in Google
   Search Google for your full name combined with "Delaware," "arrest," "court," and charge type. Document every URL returning your record - courts.delaware.gov, Justia, CourtListener, data broker sites, and news archives. Screenshot each URL with a timestamp before beginning removal requests.
3. 3
   Submit data broker opt-out requests
   Submit opt-out requests to Spokeo, BeenVerified, Intelius, TruthFinder, Radaris, PeopleFinder, Whitepages, and all other sites showing your record. Include your expungement order or SBI confirmation where accepted. Process removals take 2 to 6 weeks per site. Set 90-day reminders to re-check all sites for profile repopulation.
4. 4
   Address mugshot and arrest record sites
   Submit removal requests to mugshot sites with your expungement documentation. If a site does not respond, a DMCA notice or attorney cease-and-desist may help. Delaware law does not specifically regulate mugshot sites, but federal privacy frameworks and state consumer protection laws may support removal demands in certain circumstances.
5. 5
   Contact CourtListener and legal databases
   If your case appears on CourtListener, Justia, or similar platforms, contact each directly with your expungement documentation. These platforms have removal request processes for expunged records. Success rates vary by platform and the visibility of the case.
6. 6
   Submit Google removal requests
   Once courts.delaware.gov shows the expungement and derivative sites have removed your profile, submit Google removal requests. Use the Outdated Content Removal tool for URLs where the source is now restricted. Use the Personal Information Removal Tool for pages displaying sensitive expunged data. Google processes most requests within 2 to 4 weeks.

Violent Felonies and Excluded Offenses: Online Suppression in Delaware

For records that don't qualify for expungement under Delaware law - violent felonies, sex offenses, murder, and certain other serious crimes - the route runs through online removal, de-indexing and suppression, which can reduce online visibility.

Data Broker Opt-Outs Without Expungement

You do not need an expungement order to submit opt-out requests to data broker sites. Most data broker platforms will remove your profile upon a properly submitted request regardless of whether your record has been expunged. Results vary by platform and may require follow-up, but consistent opt-out maintenance can significantly reduce your presence on the major background check aggregators that employers and landlords most commonly use.