What defines a Criminal Record in Delaware?
A criminal record is an official document that records a person’s criminal history. The information assembles updated local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county. The majority of Delaware criminal records are online record depositories that are available to the public in the form of a Criminal Background Report. These reports recognize a number of courts, police departments, and the official Delaware State Records Online Database. The amount of criminal records information presented on StateRecords.org will vary from person to person as well as what resources were used to collect the information. Different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes. Criminal records in the state of Delaware generally include the following subjects:
Delaware Arrest Records
An arrest record is an official document providing information about a person apprehended, taken into custody, or placed in detention. People are held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. According to the law of the state of Delaware, Crimes and Criminal Procedure
, the arrest can happen when a police officer sees the person has committed a crime, or the police officer has probable cause to believe that the conduct of the person is criminal.
Delaware Arrest Warrants
An arrest warrant is an official document that is issued by a judge or magistrate on behalf of the local and state jurisdictions. A warrant authorizes a police officer to arrest or detain the person or people named in the warrant. They are to search and seize the individual’s property. In Delaware, if there is no probable cause to believe that the conduct of a person is criminal then the arrest is through.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. Like felonies, the misdemeanor charge is a number-based system designed to describe the severity of the alleged crime. In the state of Delaware, misdemeanors are punishable by up from 30 days to one year in jail; the fees can differ from $575 to $2,300, Delaware Code Title 11. Crimes and Criminal Procedure
Under Delaware’s laws, misdemeanors are Class A or B, or unclassified.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year. Felonies are served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Delaware, felonies are serious crimes, punishable by incarceration in state prison and by a fine in any amount the sentencing court deems proper. Delaware lawmakers choose felonies as Class A, B, C, D, E, F, or G, 801 Arson in the third degree; affirmative defense; class G felony
. The penalty for a felony depends on the class of the felony from 1 - year imprisonment to the death penalty.
Delaware Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they must register for crimes besides the charges listed under the sex offender registration law, 4120 Registration of sex offenders
. A judge may order an adult to register as a sex offender if the crime involves sexual motivation.
Delaware Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. In Delaware, traffic ticket fines and courts costs will vary by violation and court. When you receive a traffic ticket, the Delaware Division of Motor Vehicles will add points to your driving record, which will remain for 2 years.
Delaware Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded no contest against criminal charges in a civilian or military court. These criminal charges are classified as a felony, misdemeanor or other offenses. Conviction includes a person judged as a delinquent or has been less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment by a pardon, set aside, reversed or otherwise rendered inoperative.
Delaware Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes passed inmate status. A person who is in jail or considered an inmate is someone deprived of their civil liberties. They are on trial for a crime or is serving, which maintains an inmate database that is often searchable online a prison sentence after being convicted of a crime. Most states have a Department of Corrections, 1901 Definitions
. These records often include the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
Delaware Parole Information
Parole records are an official document that includes information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. While the prisoner is on supervised parole, the board shall need the parole to pay a monthly supervision fee of not less than $30. This is If the board agrees to accept a lower fee after determining the inability of the prisoner to pay. The board may also impose any conditions of parole it deems right. The board ensures the interests of the prisoner and citizens of Delaware are served.
Delaware Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Delaware to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer Bureau of Community Corrections
Issuing the probation in proportion to the crime, so the length and nature of probation differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive – intensive is a form of very strict probation that has conditions that vary from state to state but that emphasize punishment and control of the offender within the community.
Delaware Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not convicted of a crime as an adult but instead are found “adjudicated delinquent.” These criminal records are often mistakenly erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Delaware History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the recordkeeping and technological capabilities of the jurisdiction where the record assembles later digitized. Delaware criminal records archives usually tend to go back as far as the 1970s. Criminal and arrest data started to centralize and compiled into an organized database much like we use today. Accuracy was more commonly affected by the human error in the past. In the 1990s the quality and accuracy of record keeping improved exponentially due to computers, so the information provided on StateRecords.org will vary from person to person.
Delaware Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government requires all states to set up sex offender registries and offer the public with information about those registered. According to Megan's Law, the law of the state of Delaware requires some form of sex offender registration and community notification, 4121. Community notification of sex offenders on probation, parole release or release from confinement
. The information that states typically collect about the sex offenders includes the offender's name, address, picture and the nature of their crime. States publish this information on freely available websites that the public can query in much