Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Delaware requires the use of official expungement petition forms available from the
Delaware Courts. This template provides the substantive legal content to help you
prepare — but you must transfer your content to the official form before filing. Official
forms and instruction packets are available at
https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Expungement+of+Criminal+Records.
Do not file this document directly with the court.

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

IN THE [COURT NAME] OF THE STATE OF DELAWARE
[COUNTY] COUNTY

State of Delaware, )
Respondent, ) Case No.: [___]
)
v. ) Related Criminal File No(s).: [___]
)
[PETITIONER LEGAL NAME], ) Hearing Date: [___]
Petitioner. )

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Verification
XII. Certificate of Service
XIII. Proposed Order

I. DOCUMENT HEADER

1. Title. This Petition for Expungement of Criminal Record (the “Petition”) is filed on [FILING DATE] pursuant to DEL. CODE ANN. tit. 11, §§ 4372–4373 (the “Applicable Statute”).

2. Parties.
   a. Petitioner: [PETITIONER FULL LEGAL NAME], date of birth [DOB], SBI No. [STATE BUREAU OF IDENTIFICATION NO.], and current residence [ADDRESS].
   b. Respondent: The State of Delaware, by and through the Department of Justice.

3. Recitals.
   a. Petitioner seeks expungement of the criminal record(s) identified in Paragraph 6 below.
   b. Jurisdiction and venue lie in this Court under the Applicable Statute because the underlying proceeding originated in this Court’s territorial jurisdiction.

II. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below:

• “Applicable Statute” means DEL. CODE ANN. tit. 11, §§ 4371 et seq.
• “Court” means the [COURT NAME] of the State of Delaware in and for [COUNTY].
• “Criminal Justice Agency” means any Delaware executive, judicial, or administrative entity with statutory authority to access sealed or expunged records.
• “Eligible Offense” means an offense that qualifies for mandatory or discretionary expungement under the Applicable Statute.
• “Record” means each arrest, charge, indictment, conviction, or disposition sought to be expunged by this Petition.

III. OPERATIVE PROVISIONS

5. Statutory Basis. Petitioner seeks (check one):
   ☐ Mandatory Expungement under § 4372; or
   ☐ Discretionary Expungement under § 4373.

6. Records Sought to Be Expunged. Petitioner requests expungement of the following Records:

7. Waiting Period Compliance. The statutory waiting period of [X] years/months required by § 4372(d) or § 4373(b) has elapsed since final disposition on [DISPOSITION DATE].

8. Statutory Notice. Contemporaneously with filing, Petitioner has served copies of this Petition on:
   a. The Attorney General of the State of Delaware; and
   b. The State Bureau of Identification (“SBI”).

9. Relief Requested. Petitioner respectfully requests that this Court enter an Order:
   a. Expunging and, where applicable, sealing all Records identified in Paragraph 6;
   b. Directing each Criminal Justice Agency to take all necessary action to remove such Records from public access; and
   c. Granting such further relief as the Court deems just and proper.

IV. REPRESENTATIONS & WARRANTIES

10. Accuracy. Petitioner represents that all facts set forth herein are true and correct to the best of Petitioner’s knowledge, information, and belief.

11. Eligibility. Petitioner affirms:
    a. No pending criminal charges exist in any jurisdiction;
    b. The offenses listed are Eligible Offenses; and
    c. Petitioner has satisfied all fines, fees, restitution, and court costs associated with the Records.

12. Prior Expungements. Petitioner has/has not (circle one) obtained a prior expungement under Delaware law. If yes, details are attached as Exhibit A.

V. COVENANTS & RESTRICTIONS

13. Continuing Duty. Petitioner covenants to notify the Court and the Attorney General in writing within ten (10) days of discovering any inaccuracy or omission materially affecting eligibility.

14. Prohibition on Misuse. Petitioner shall not knowingly use an expunged Record for the purpose of misrepresentation in connection with employment, housing, or licensing.

VI. DEFAULT & REMEDIES

15. Vacatur for Fraud. Should any material misrepresentation or concealment by Petitioner be established by clear and convincing evidence, the Court may, on motion by the Attorney General, vacate any Order of Expungement entered herein and reinstate the Record.

16. Attorney Fees. In the event the State prevails on a motion under Paragraph 15, Petitioner may be ordered to pay the State’s reasonable attorney fees and costs.

VII. RISK ALLOCATION

17. Indemnification. Intentionally Omitted
18. Limitation of Liability. Not Applicable

VIII. DISPUTE RESOLUTION

19. Governing Law. This Petition and any related proceedings shall be governed by the laws of the State of Delaware.

20. Forum Selection. Exclusive jurisdiction and venue lie in this Court.

21. Arbitration. Not Available under the Applicable Statute.

22. Injunctive Relief. The Court retains continuing jurisdiction to enforce any Expungement Order via contempt or other equitable relief.

IX. GENERAL PROVISIONS

23. Amendment. This Petition may be amended only by leave of Court.

24. Severability. If any provision herein is found unenforceable, the remaining provisions shall remain in full force.

25. Integration. This Petition constitutes the entire request for relief and supersedes any prior petitions or correspondence on the subject.

26. Electronic Signatures. Pursuant to Del. Super. Ct. Civ. R. 5(e), electronic signatures are deemed originals.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

____________________________________
[PETITIONER NAME]
Petitioner, pro se
[ADDRESS]
[PHONE] | [EMAIL]

[OR, if represented:]

____________________________________
[ATTORNEY NAME] (Bar No. ☐)
[LAW FIRM NAME]
Attorney for Petitioner
[ADDRESS] | [PHONE] | [EMAIL]

XI. VERIFICATION

I, [PETITIONER NAME], being duly sworn, depose and say that I am the Petitioner in the foregoing action, that I have read the foregoing Petition, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[PETITIONER NAME]

Sworn to and subscribed before me this ___ day of __________, 20__.

____________________________________
Notary Public
My Commission Expires: __________

XII. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20__, I served a true and correct copy of the foregoing Petition (with all exhibits) via [HAND DELIVERY / FIRST-CLASS MAIL / ELECTRONIC FILING] upon:

1. Office of the Attorney General
   Carvel State Office Building
   820 N. French Street
   Wilmington, DE 19801

2. Delaware State Bureau of Identification
   SBI Expungement Unit
   600 S. Bay Road, Suite 1
   Dover, DE 19901

____________________________________
[ATTORNEY OR PETITIONER NAME]

XIII. PROPOSED ORDER

IN THE [COURT NAME] OF THE STATE OF DELAWARE
[COUNTY] COUNTY

State of Delaware                              )
        Respondent,                            )   Case No.: [___]
                                               )
v.                                             )   ORDER GRANTING EXPUNGEMENT
                                               )
[PETITIONER NAME],                             )
        Petitioner.                            )
----------------------------------------------

Upon consideration of the Petition for Expungement of Criminal Record filed pursuant to DEL. CODE ANN. tit. 11, §§ 4372-4373, any response of the Attorney General, and the entire record:

IT IS HEREBY ORDERED this ___ day of __________, 20__, that:

1. The Petition is GRANTED.
2. The Records identified in the Petition are EXPUNGED and SEALED.
3. Within sixty (60) days, all Criminal Justice Agencies in possession of said Records shall permanently remove them from public databases and limit access as mandated by law.
4. The Clerk of this Court shall transmit certified copies of this Order to the Petitioner, the Attorney General, and the State Bureau of Identification forthwith.

SO ORDERED.

____________________________________
JUDGE [NAME]
[COURT NAME]

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