Read Del. Code Ann. tit. 11, § 4372 when the issue is applicability; definitions; effect of expungement. Read it for what a granted order changes. The statute says: “(b) For the purposes of this subchapter, a case is “terminated in favor of the accused” only if 1 or more of the following occurs: (1) The accused is acquitted of all charges related to the case.”
The petition and the sections next to it
On filing an expungement petition, the Delaware text is Del. Code Ann. tit. 10, § 1015. The statute says: “A child, through the child’s parent, guardian, guardian ad litem, or attorney, or upon becoming an adult, may file a petition seeking to expunge part or all of the child’s juvenile arrest record.”
On what the order does, the Delaware text is Del. Code Ann. tit. 10, § 1019. Read it for what a granted order changes. The statute says: “The Court shall notify the State Bureau of Identification (Bureau) of any expungement order.”
Del. Code Ann. tit. 11, § 4376 deals with disclosure of expunged records. The statute says: “(a) (1) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it is unlawful for any person having or…”
Read Del. Code Ann. tit. 11, § 4374 when the issue is discretionary expungement; application to court. The statute says: “Upon petition to the appropriate court designated in subsection (c) of this section, an expungement may be granted if the applicant meets 1 of the following: (1) Was convicted of 1 or more misdemeanors other than those listed in § 4373(b) of this title…”
When a different section applies
Del. Code Ann. tit. 10, § 1013 deals with automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon. This relief can move without a petition in every case. The statute says: “Any individual who receives a Delaware gubernatorial pardon shall, as an effect of said pardon, automatically have that individual’s juvenile record, if any, expunged.”
What the courts have done
State of Delaware v. Dexter R. Skinner, 1993 Del. LEXIS 408 (1993) is worth reading in full. The opinion puts it this way: “As discussed above, a pardon does not erase guilt. 5 It “does not create any factual fiction that Skinner’s conviction had not occurred to justify expunction of his criminal court record.”
Dana Fuller v. State of Delaware, 2014 Del. LEXIS 504 (2014) is worth reading in full. The opinion puts it this way: “A “subsequent adult conviction” under the juvenile expungement statute is a later conviction for a crime under Title 4, 7, 11, 16, or 23 of the Delaware Code; Title 21 motor-vehicle violations do not qualify as categorical bars to expungement.”
Cornette v. State (2026) is worth reading in full. The court treated the petitioner as someone the statute covers. The opinion puts it this way: “We hold that the statute permits a partial expungement and that Cornette’s pardoned conviction therefore is eligible for expungement.”
Before you file
- Open Del. Code Ann. tit. 11, § 4372 and read the part on applicability; definitions; effect of expungement. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Delaware county uses, then check the form against Del. Code Ann. tit. 11, § 4372.
- Then read State of Delaware v. Dexter R. Skinner, 1993 Del. LEXIS 408 (1993). That is a Delaware court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Delaware?
Del. Code Ann. tit. 11, § 4372 deals with applicability; definitions; effect of expungement. Read it for what a granted order changes. The statute says: “(b) For the purposes of this subchapter, a case is “terminated in favor of the accused” only if 1 or more of the following occurs: (1) The accused is acquitted of all charges related to the case.”
How have Delaware courts ruled on expungement?
State of Delaware v. Dexter R. Skinner, 1993 Del. LEXIS 408 (1993) “As discussed above, a pardon does not erase guilt. 5 It “does not create any factual fiction that Skinner’s conviction had not occurred to justify expunction of his criminal court record.”
Delaware clerks still control the form and the fee. Del. Code Ann. tit. 11, § 4372 is the statewide rule on who may ask and what the order does.