If you have been convicted of a crime as an adult and have already served time for that crime, you must first apply for a pardon.

If you have been granted a pardon or you have been acquitted, the charge was dismissed, or a nolle prosequi was entered, you must contact the State Bureau of Identification (SBI) to determine whether you are eligible for an expungement under 11 Del. Code. §4371 thru 4374. If you are eligible, SBI will provide you with a letter that will allow you to either file a petition with the Superior Court (in the county where the case was terminated, disposed of or concluded) or with Family Court (in the county where the charges, either juvenile or adult, were terminated, disposed of or concluded). Juvenile convictions are considered to be adjudications of delinquency rather than “convictions” and therefore, may be expunged absent any adult convictions. Also see 10 Del. Code. §1025.