How Much Does It Cost to Get a Record Expunged or Sealed in Delaware?

A past criminal mistake shouldn't ruin your financial future. However, navigating the legal system to clear your name does require a financial investment upfront. If your record does not qualify for the automated Clean Slate process, you will have to manually petition the courts or apply through the state police repository. Understanding exactly how much it costs to get a record expunged or sealed in Delaware is essential for budgeting your legal journey. From court filing fees in Dover to retrieving old transcripts in Wilmington, the costs can add up quickly.

While it is possible to handle the paperwork yourself, any mistakes can lead to the judge denying your petition, forcing you to start over and pay the fees again. Many residents choose to invest in professional help. If you want to ensure the process is done correctly the first time, you can find knowledgeable expungement attorneys in our US Lawyer directory to handle your case.

Breakdown of Expungement Costs in Delaware

The manual expungement process involves multiple state agencies, each charging their own administrative fees. Here is a step-by-step look at the expenses you will encounter.

Delaware SBI Fingerprinting and Background Check Costs

The very first step in any manual expungement is proving to the court or the state exactly what is on your record. You must obtain a certified copy of your criminal history from the State Bureau of Identification, Dover or through an approved IdentoGO location using service code 27S23V. To get this report, you must be fingerprinted. The state charges a mandatory fee of $72.00 for a Certified State of Delaware Criminal History ($85.00 if including federal FBI records). If your criminal history demonstrates eligibility for mandatory administrative expungement under 11 Del. C. § 4373, the State Bureau of Identification also assesses an administrative processing fee of $75.00 when you return your signed forms. For discretionary relief, this report is attached to your court petition.

Superior Court Filing Fees

Once you have your SBI report and determine that your case requires discretionary judicial review, you will file a formal Form CIV_EXP_02_A, Delaware, Superior Court, Expungement Petition Form with the court that originally handled your case, most commonly the Delaware Superior Court, Wilmington, Delaware Superior Court, Dover, or Delaware Superior Court, Georgetown (or Form 281, Delaware, Family Court, Petition for Expungement of Adult Record for adult family charges). The standard civil filing fee for an expungement petition in the Delaware Superior Court is $75.00. This fee is non-refundable, even if the judge ultimately denies your request.

Hidden Costs of Retrieving Old Court Transcripts

In some complex or highly contested discretionary expungement cases, the judge or the Attorney General's office may request copies of the original court transcripts to review the details of the crime. If your conviction is decades old, retrieving these archives from the Delaware Justice of the Peace Court, Newark or the Superior Court can cost extra. Courts generally charge around $3.00 per page for certified transcript copies, which can easily add $50 to $150 to your total bill.

Average Attorney Fees vs. DIY Filing

You are allowed to represent yourself (pro se) to save money. A true DIY filing only costs the hard state fees (roughly $147 to $160 total, depending on whether you file through the SBI or the Superior Court). However, the legal paperwork is dense and governed by strict statutory rules under 11 Del. C. § 4373 and 11 Del. C. § 4374. If you hire a private attorney, the average flat fee for a standard expungement in Delaware ranges from $1,000 to $3,000. While this is a significant expense, an attorney handles the hearings, drafts compelling arguments for discretionary expungements, and dramatically increases your chances of success.

Applying for Fee Waivers (In Forma Pauperis)

Delaware courts believe that justice should be accessible, regardless of your bank account. If you are low-income, unemployed, or receiving government assistance, you do not have to let court fees stop you from clearing your record. Under 10 Del. C. § 8802, you can file Form CIV_CIV_07_A, Delaware, Superior Court, Affidavit in Support of Application to Proceed In Forma Pauperis. If the judge reviews your financial affidavit and approves the application, the $75.00 Superior Court filing fee will be completely waived.

Summary of Estimated Expenses

Frequently Asked Questions (FAQ)