Mandatory Expungement in Delaware

As of August 1, 2024, approximately 290,000 people living in Delaware who have a criminal record can have their record automatically expunged, removing barriers to employment, housing and other critical needs. Passed in 2021, Delaware’s Clean Slate Act legislation now requires the State Bureau of Identification to regularly identify and remove records that qualify for automatic mandatory expungement.

In addition to convictions, data that appears in criminal histories — including driving violations, pending charges, probation before judgment, case dismissal and juvenile arrests — will be removed from background checks, and the obligation to disclose the information to rental property owners, loan officers, employers, schools, and the general public will end.  However, certain convictions may not qualify for expungement due to specific details on a person’s record, which will determine whether an expungement petition will be considered mandatory or discretionary. Criminal histories falling into the discretionary category do not qualify for automatic removal.

Despite the implementation of the automation process, the Office of Defense Services recommends individuals be proactive in pursuing the expungement of their records.  Because Delaware’s expungement process can be complicated and costly in time and money, check out the ACLU of Delaware’s Clean Slate Delaware website for information and resources for guidance and financial assistance.