DELAWARE.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY.
close banner

Delaware Arrest Records

state records colored logo
Instant Accessto State, County and Municipal Public Records
search includes Arrest Records
Arrest Records
search includes Vital Records
Vital Records
search includes Criminal Records
Criminal Records
search includes Contact Details
Contact Details
search includes Jail & Inmate Records
Jail & Inmate Records
search includes Property Records
Property Records
search includes Traffic Violations
Traffic Violations
search includes Business Ownership
Business Ownership
search includes Bankruptcies
Bankruptcies
search includes Unclaimed Assets
Unclaimed Assets
search includes Liens & Judgments
Liens & Judgments
search includes Registered Licenses
Registered Licenses
search includes Arrest Records
Arrest Records
search includes Bankruptcies
Bankruptcies
search includes Property Records
Property Records
search includes Criminal Records
Criminal Records
search includes Liens & Judgments
Liens & Judgments
search includes Business Ownership
Business Ownership
search includes Jail & Inmate Records
Jail & Inmate Records
search includes Vital Records
Vital Records
search includes Unclaimed Assets
Unclaimed Assets
search includes Traffic Violations
Traffic Violations
search includes Contact Details
Contact Details
search includes Registered Licenses
Registered Licenses
Delaware.StateRecords.org is not a consumer reporting agency as defined by the Fair Credit Reporting Act (“FCRA”). You understand and acknowledge that these reports are NOT “consumer reports” as defined by the FCRA. Your access and use of a report is subject to our Terms of Service and you expressly acknowledge that you are prohibited from using this service and this report to determine an individual’s eligibility for credit, insurance, employment or any other purpose regulated by the FCRA.

Are Arrest Records Public in Delaware?

Yes, arrest records are public in Delaware. The Delaware Freedom of Information Act (FOIA) makes arrest records available to the public. At the county level, interested persons can run an arrest search at the sheriff or police department. Meanwhile, at the state level, residents may view public arrest records by requesting criminal records from the SBI.

Delaware arrest records are official documents or reports law enforcement officials generate during an arrest. These arrest records often contain vital information about a person’s arrest, such as a detailed account of the event, likely charges, and outstanding warrants (if any). However, an arrest record is not the same as a Delaware criminal record because it doesn’t always mean that the record subject is guilty of the crime.

What is Considered an Arrest Record in Delaware?

A Delaware arrest record is the official documentation of a person’s criminal activities. These records are considered public records and, as such, are available for public viewing at many government agencies. Some of these agencies are the Delaware State, County, and local law enforcement offices. The Delaware Police Departments and Delaware Criminal Courts also maintain arrest records, warrants, and mugshots.

What is Contained in a Delaware Arrest Record?

Delaware arrest records typically contain the following information:

  • A physical description of the suspect
  • The suspect’s personal information
  • Booking information of the suspect
  • The details of the arrest
  • The name and signature of the arresting officer
  • Information on the police investigation concerning the arrest
  • The name of the issuer of the arrest warrant that led to the arrest

Who Can Access Arrest Records in Delaware?

Delaware arrest records are accessible by anyone upon request to a law enforcement agency. Some persons who may want to access arrest records are family members who want to provide bail assistance to the arrested person. Other interested parties apart from personal relations are an employer, potential landlord, insurance company, or government agency. However, the right to access public arrest records is not absolute in Delaware, as there are circumstances where the law may shield arrest records from the public. Some of these circumstances are where it may interfere with an ongoing investigation or reveal a confidential source. It may also come up during a routine background check.

Delaware Arrest Statistics

The Statistical Analysis Center (SAC) in Delaware provides Criminal Justice Agencies, the Governor, Legislature, and other interested persons, with crime data. It releases an annual ‘Crime in Delaware’ report with data derived from the Delaware Criminal Justice Council, State Bureau of Identification (SBI), and Delaware Population Consortium. The SBI unit of the Delaware State Police draws up official statistics of offense, clearance, arrest, and crime against law enforcement officers. On the other hand, the population consortium gathers state and county population figures for more accurate calculations.

The report presents data on serious crimes reported to Delaware law enforcement agencies, including state, county, and local police agencies. It also provides data on the 24 Group A Offenses reported in Delaware’s National Incident-Based Reporting System (NIBRS). These offenses include drug/narcotic offenses, homicide, kidnapping, robbery, etc. Data provided in the report reflects only serious crimes that were reported to the police or that the police have observed. Many serious crimes go undetected or unreported for months or years after they occur. As a result, the figures in the report are considered a floor estimate.

According to the 2019 report, Delaware recorded a total of 75,348 reported offenses, showing a 56.1% increase. A breakdown of this data reveals that there were 18,306 violent offenses (18.8% of every 1000 persons in Delaware), 23,420 property offenses (23.5% of every 1000 persons in Delaware), and 11,940 drug offenses (13.6% of every 1000 persons in Delaware). Statewide, there were 22,456 official arrests reported in Delaware, with 8,699 arrests for violent offenses, 5,508 for property offenses, and 4,807 for drug offenses. A breakdown of this arrest data reveals 20,078 adult and 2,378 juvenile arrests.

The FBI presents a more recent data set through its crime data explorer. It estimated 2020 Delaware crime statistics based on data received from 62 law enforcement agencies in the state. According to the report, there were 3,350 violent crime incidents and 4,383 offenses reported in Delaware. FBI arrest data for the year 2020 was gathered from 54 out of 62 total law enforcement agencies in the state. The data reports 17,610 males and 7,031 female arrests that year, with 5,392 arrests for simple assault, 1,390 for aggravated assault, and 315 for robbery.

Obtaining Delaware Public Arrest Records

A Delaware arrest search provides access to arrest record information held by state and county custodians. In Delaware, arrest records are public records, accessible to the public, on-demand. State courts, police departments, and other government agencies maintain arrest records, and interested persons may apply to get copies from these agencies. Delaware laws also allow the sealing of eligible arrest records or a total sealing from public access.

How Do I Lookup Someone’s Arrest Records in Delaware?

Arrest records in Delaware are obtained by first requesting a criminal background check from the Delaware State Bureau of Identification. However, in Delaware, it is not possible to get another person’s records from the SBI, as the procedure requires the physical presence of an applicant. To get the record, the applicant must visit any of the three SBI locations in the state. For locations in Sussex and New Castle County, the interested person must schedule an earlier appointment.

Upon getting to the SBI office, the applicant must complete and submit a ‘Criminal History Record Check Authorization Form’. A valid driver’s license, state ID, or other photo identification is also required, alongside a $52 fee. Payment may be made using debit or credit cards, certified checks, company checks, money orders, or cash (except in Sussex).

Juveniles may also follow the same procedure to conduct a criminal history check. However, such juveniles must be accompanied by a parent or guardian to the SBI office. A school ID is a sufficient means of identification for a minor with no required means of identification.

Results of the check may most likely not come in the same day, but the agency will return it as soon as possible. An alternative way of checking for Delaware arrest records is through the court system, police department, or third-party sites.

How to Subpoena Arrest Records in Delaware

A subpoena or duces Tecum in Delaware is a court order that compels a person to produce certain documents vital to a court case. The need to subpoena an arrest record does not arise in many cases. However, sometimes it is necessary for the interest of justice.

For instance, while an arrest record is a public record, the public may have limited access to it. Some information contained on the record may be confidential and exempt from public access.

These exempt information include trade secrets, social security numbers, financial information, and other information that may breach privacy. When confidential information is part of an arrest record, the record may only be available to authorized personnel like law enforcement agencies.

However, suppose the arrest record is needed or is a vital part of an ongoing criminal justice process, as a court case. In that case, an interested party may subpoena the agency holding the record to produce it in court. Typically, a subpoena lists the particular documents needed and the date, time, and venue of the presentation. A person above 18 who is not a party to the matter may serve a subpoena. The procedure for service involves delivering copies to the named party in person, at the residence, or any other place in Delaware. While courts may often grant a subpoena order, the court will decline if the grounds are not reasonable.

How to Search for an Inmate in the Delaware Prison System

The Delaware Department of Corrections (DOC) operates a unified correctional system that oversees all correctional facilities and institutions in the state. Yet, the department does not provide a direct online inmate search service. The Delaware Inmate Locator Page provides interested persons with an external link that provides details on specific inmates. The interested party must provide the inmate’s name, date of birth, or identification number to aid this search. Also, the searcher may register to get notifications on the inmate’s status while in Delaware DOC custody.

How Do I Find Out if Someone Was in Jail in Delaware

Since there is no official repository for inmate information in Delaware, it is hard to tell if a person went to jail or not. Interested persons may have to conduct a background check to access this information. Only a person’s criminal history record can reveal if the person was in a Delaware jail. Alternatively, interested persons may check with the court’s record custodian to see the judgment delivered on a matter and whether the search subject was sentenced to jail time.

How to Find Recent Arrests in Delaware

Depending on the law enforcement agency that conducted the arrest, recent arrests may be listed on the agency's website or obtained through the administrative agency of the office. Where the Delaware State Police carries out an arrest, inquirers can view a list of recent arrests on the News Room Category of the DSP’s website archive. At county level, recent arrests can be obtained by querying the County Sheriff’s office. For instance, the Sussex County Sheriff’s Office can be reached in person or via mail at:

Sussex County Sheriff Office
P.O. Box 948
Georgetown, DE 19947
Phone: (302) 855-7830
Fax: (302) 855-7832

How Long Do Delaware Arrest Records Stay on File?

Delaware has retention schedules that determine how long a record should remain on file. Section 524, Chapter five of Title 29 of the Delaware Code, empowers the Delaware Public Archives to create records retention schedules that specify the minimum length of time that various agencies in the state may retain records. According to the general state record retention schedule, Criminal History Record Information (CHRI) which includes arrest, detention, sentencing, and other criminal information, will be retained for five years.

Under the ‘local government general records retention schedule,’ criminal history record information must also be retained for five years. While local government records retention schedules apply to county and municipal government agencies, state agency general records retention schedules apply to official state boards, the executive, judiciary, and legislative agencies.

How to Obtain Arrest Records for Free in Delaware?

Delaware allows for different ways to obtain arrest records through various government agencies in the state. However, these agencies do not offer free arrest records. Still, the person requesting the service may ask for a record custodian’s fee waiver policy ( if any is available) to access the records for free.

How to Search for a Delaware Arrest Record Online Using a Third-Party Search Service

Tracking down copies of Delaware arrest records may pose a challenge for many people. So, searching for these records online is often a viable option. There are a lot of online third-party services that allow individuals to search and access Delaware arrest records and other public records via various government agency databases in exchange for a fee.

Users may often have to pay a fee for these services, either a one-time payment or subscription model. Despite this, it is still a convenient means of getting these documents. Government offices may have inconsistent service and take time to process requests to view these documents. It is sometimes worth paying a small fee to use a third-party search service rather than endure the typical delay with government agencies.

How to Correct an Arrest Record in Delaware

Individuals who believe that there are mistakes on their arrest records may make official requests to correct those mistakes. The proper procedure is first to request a Delaware Criminal History Record Check Authorization Form and challenge the accuracy of the record with the specific agency responsible for maintaining and disseminating the information. For specific information on further proceeding with the challenge process, interested persons may contact the State Bureau of Identification at (302) 739-5884. Such individuals may also visit the Bureau in person at its new location; 600 S. Bay Road Suite 1, Dover, DE 19901 (across the highway from its previous office).

How to Expunge Arrest Records in Delaware

A good person may sometimes make mistakes and poor decisions that result in a criminal arrest record. It may be a one-time minor lapse in judgment and emotional response during a dispute or a serious accusation. No matter the issue, an arrest record may hurt a person’s ability to get a job or get into college. Even years after the arrest and after the arrestee has led a law-abiding life, the person may not fully escape the consequences of the arrest record. So, many people try to erase these records by applying to expunge these records.

A Delaware expungement is how law enforcement agency records and court records relating to a case are shielded from the public gaze. Subchapter VII, Chapter 43 of Title 11 of the Delaware Code guides the process of applying for an expungement of an adult record. There are two types of expungements in Delaware - the first is a mandatory expungement, and the second is discretionary. Mandatory expungements in Delaware are handled by the State Bureau of Identification which grants this kind of expungement in the following circumstances:

  • Where a person is charged with one or more felony, misdemeanor, or violation charges and the case was terminated in the person’s favor. Termination, in this case, means that the person was acquitted of all charges, a nolle prosequi was entered on all charges, all charges were dismissed, etc.
  • The SBI may grant mandatory expungements where a person is convicted of one or more violations, and three years have passed since the date of conviction, and the person has no prior or subsequent convictions.
  • When five years have passed since a person’s conviction for one or more misdemeanors or violations related to the case, and the person has no prior or subsequent convictions.

The second category of expungements in Delaware is discretionary expungement. These are handled by the Superior and Family Court, which will weigh the facts of the case to determine whether the petition should be granted. The court may further choose to hold a hearing to that effect, and a person that does not qualify for a mandatory expungement may qualify for a discretionary expungement. Before petitioning the court for a discretionary expungement, the applicant must meet the following conditions:

  • Three years must have passed from the date of the conviction or release from incarceration, and the person has no other prior or subsequent convictions.
  • Seven years have passed since the conviction or release from incarceration, and the person has no prior or subsequent convictions.

After filing a petition for discretionary expungement, the Attorney General’s office has 120 days to file an answer. In that answer, the Attorney General’s office may oppose the request, and the applicant has 30 days to file an answer. The court will then consider both positions before deciding on the petition.

Where necessary, the court may hold a hearing. Suppose after that, the court finds the petition eligible for a discretionary expungement and that the continued issue of the record will cause the petitioner manifest injustice. In that case, it will grant an order expunging the police and court records. Otherwise, the court will deny the petition, usually without a hearing.

If the court grants an order of discretionary expungement, all records relating to the case, including fingerprints and photographs, will be shielded from public viewing. As a result, if a potential employer does a criminal background check through the SBI, there will be no evidence on record.

Delaware also allows for juvenile expungements, which erase juvenile criminal records. It can occur in two ways: an immediate expungement or a Petition for Expungement of a Juvenile Record.

Immediate Expungement: Suppose during family court proceedings, any felony, misdemeanor, or violation case is terminated in favor of a child. In that case, the court may, on the request of any party, immediately order the expungement of the child’s juvenile criminal history on the request of

Petition for Expungement of a Juvenile Record: Sections 1014-1019, Title 10 of the Delaware Code governs this expungement process. For some juvenile crimes, the expungement is mandatory once the applicant gets a copy of the criminal record from the SBI and files a petition for expungement in Family Court. To qualify for this kind of expungement, the person must not have had an adult conviction or any pending criminal charges. Mandatory juvenile expungements in Delaware only applies to the following:

  • Misdemeanor and violation cases that were terminated in favor of the minor
  • Felony, misdemeanor, and violation cases terminated in favor of the minor, and a year has passed since the felony case was concluded
  • Where the applicant has no more than one felony, misdemeanor, or violation conviction and three years have passed since then

If a person does not qualify for a mandatory expungement, the person may qualify for a discretionary expungement. The applicant must not have an adult conviction or pending criminal charges to qualify for a discretionary juvenile expungement. The person must also not have been found guilty of first and second-degree murder, first-degree kidnapping, manslaughter, rape, or arson.

A juvenile expungement petitioner may follow the following steps for a successful application:

  • The petitioner must obtain a copy of their Delaware criminal record
  • Review the guide to determine if the charges fall under any of the categories described and meet the criteria for an expungement
  • Complete and file the petition for expungement with the court

However, despite all these, it is not in every case that a person may apply for an expungement in Delaware. The law provides that a person need not apply if the following circumstances exist:

  • A person with pending charges need not apply except the expungement is for an arrest with no charges filed in court within a year of the arrest
  • If the interested person is incarcerated, on parole, or probation, such a person need not apply
  • A person who has received an expungement for a prior conviction within the last 10 years should not apply
  • If the expungement is for a new felony conviction, such an applicant is ineligible
  • A convict that owes fines, fees, or restitution related to the conviction cannot apply
  • An expungement application for Title 21 offenses like reckless driving is not permitted
Kent
New Castle
Sussex