Delaware expungement mandatory 2026

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  1. Click ‘Get Form’ to open the Delaware Expungement Mandatory form in the editor.
  2. Begin by filling in your personal information. Indicate whether you are an adult or a minor seeking expungement, and provide the birth date of the petitioner.
  3. Attach a certified copy of the state criminal history from the Delaware State Bureau of Identification (SBI) as required. Ensure this document is included before submission.
  4. List all charges you wish to expunge in the designated section. For each charge, include details such as disposition and disposition date, along with the criminal case number.
  5. Confirm that there are no other adjudications or pending charges by checking the appropriate box.
  6. Sign and print your name at the bottom of the form. Ensure that it is sworn before a Clerk of Court or Notary Public on the specified date.

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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.
Expungement are mandatory upon petition for all cases where charges are terminated in favor of the accused (acquittals of all charges, a nolle prosequi on all charges, dismissal after probation before judgment, dismissal of all charges, and arrests that are not charged within 1 year of the arrest) with no wait-period
If you qualify for mandatory expungement will need to follow directions received with criminal history, with $75.00 filing fee. ii. If you must file a discretionary expungement, the directions begin below; the filing fee with Superior Court is $75.00.

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