Delaware Criminal Records
What Are Delaware Criminal Records?
Criminal records provide a detailed official overview of the subject’s criminal history. Also known as a rap sheet, it's assembled and compiled from courts, correctional facilities and other local and state departments. It contains records of arrests, convictions, and incarcerations. While the standard for criminal record collection and storage varies from county to county, the majority of records are organized in a central repository managed by the Delaware State Police.
The amount of criminal records information presented on StateRecords.org may vary from individual to individual. This is because different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes.
What’s contained in a Criminal Record?
Most criminal records provide general information such as the:
- Subject’s name and any known aliases
- Physical descriptors
What is a Delaware Arrest Record?
An arrest record contains information of persons taken from any location and transported or transferred into the custody law enforcement agency within their facilities or building. An arrest does not always result in a criminal charge because in some cases, an arrest may be made to further investigation or at the conclusion of the investigation with sufficient evidence pointing at the alleged offender. Law enforcement agencies are required to convince the court that they have reasonable grounds to believe the arrestee is involved in a criminal offense.
What is a Delaware Arrest Warrant?
An arrest warrant is an authority given to law enforcement to carry out an arrest and take a person named, described or declared wanted into their custody. Once arrested, the civil liberty of the arrestee becomes immediately limited. They may be legally held or confined by law enforcement officers. An arrest warrant may contain the name, race, physical description, date of birth, and other relevant information that may assist law enforcement agents to confirm and apprehend the right person.
What are Delaware Misdemeanors?
A misdemeanor is generally less severe than felonies. Like felonies, misdemeanor charges are categorized into classes to describe the severity of the alleged crime.
- Class A misdemeanors carry penalties of up to 1-year incarceration and up to $2300 in fine
- Class B misdemeanors carry up to 6months term of incarceration and $1150 fine.
- Certain misdemeanors may not fall under Class A or Class B. Those result in penalties that may be considered less stiff with the possibility or of a maximum of 30 days in confinement and a fine of up to $575
What are Felonies in Delaware?
A felony offense is an offense that may result in a criminal conviction with a sentence of more than 1 year in confinement. The severity of sentences for felonies stems from the serious nature of the offenses described as felonies which are often violent and dangerous acts.
Felonies are classified into classes A, B, C, D, E, F, or G and each category is subdivided into violent and non-violent. The penalty for a felony depends on the class, with class G carrying the least serious penalty and class A the most severe.
What is the Delaware Sex Offender Listing?
A sex offender registry contains information on persons who have been convicted of sexually related crimes. Delaware law mandates that such persons register their personal data and other information for the purpose of notifying people within their community, neighborhood and the general public. The state requires sex offenders to register solely for the purpose of ensuring public safety and preventing repeat sexual offenses. Information contained in sex offender registry may include
- Names and aliases of offender
- Physical description
- Description of sexual offense
- Date of conviction
What is a Serious Traffic Offense in Delaware?
A serious traffic offense is more severe than a violation and often results in dire consequences such as causing bodily harm, damage to property and even death. It involves a breach of the traffic laws such that the offender may suffer repercussions not usually associated with traffic violations, including very heavy fines, loss of driving privileges, suspension or cancellation of license, high points on driving records and in extreme circumstances, such as causing the death of another(vehicular manslaughter).
The Delaware Division of Motor Vehicles is charged with the responsibility of maintaining records of traffic offenses and consider the records in issuing and revoking driver’s and other operator’s licenses for their renewal. Most Traffic offenses are driving-related or moving offenses including:
- Driving while intoxicated
- Dangerous driving while fleeing from law enforcement officers
- Causing death or bodily harm
- Fleeing the scene of an accident
- Driving with revoked or suspended license
Delaware Conviction Records
A conviction record reflects the final decision of a court or jury on the criminal charges against a person before the trial court. A conviction record will appear on a person’s criminal records once they have been declared guilty of a crime by a judge or jury after a trial, declared guilty after entering a nolo contendere plea or pleaded guilty to the offense for which they were charged.
What are Delaware Jail and Inmate Records?
Inmate and jail records are official information on persons incarcerated or held in custody of criminal correctional facilities or criminal rehabilitation centers following a court sentence and penalty for crimes for which they were convicted or being held. Inmates are usually held in prisons under the administration of the Delaware Department of Corrections. Jail records may be held by local law enforcement agencies and described as jail rosters or inmate listings. Information on former and current inmates held on level 4 and level 5 correctional facilities are updated Central Offender Records Unit of the DOC.
What are Delaware Parole Records?
Delaware parole records provide information on persons who have been considered for early release from a prison sentence by the Delaware Parole Board after serving a portion of the sentenced term. Considerations for early release include the rehabilitation of the offender and the reasonable chance that they will be law-abiding and pose no criminal risk or danger to themselves and the community. Parole is a form of supervision, and the parolee must abide by the terms and conditions of parole stipulated by the Board to remain free from incarceration.
Since the passage of the Truth in Sentencing Act, the Parole Board no longer grants parole except for offenders that were sentenced for crimes committed before June 30, 1990. However, the Parole Board may consider information and data presented before it by the Department of Corrections for a modification of the offender’s sentence by the sentencing judge.
What are Delaware Probation Records?
Probation records contain information on the sentence of the court, suspending or canceling a possibility of jail or prison time. For instance, a person who has been sentenced to probation instead of jail time of up to three months may remain within the community and serve their sentence, unless they violate the terms and conditions of that probation, and may then be required to serve the suspended jail time of 3 months.
Probation is granted in accordance with Delaware Laws and based on a pre-sentence investigation report which helps guide the sentencing court on the appropriate sentence or alternative order with regards to the defendant’s case.
Probation in Delaware is separated into different levels of supervision from level 1 to level 4 and level 5 supervision being people remanded in jail. The level of supervision imposed on an offender may depend on the gravity of the offense committed and the criminal history of the offender. Supervision is also a joint effort between the judiciary and the Bureau of Community Supervision under the Bureau of Community Corrections.
Offenders under level 1 are the least supervised under the least restrictions and are usually first time offenders who are low-risk re-offenders. They may be required to make restitution and /or pay a fine. Level 1v probationers are usually under house arrest with electronic monitoring, direct surveillance or residential treatment center.
What are Delaware Juvenile Criminal Records?
Juvenile criminal records are documents containing details and information on criminal behavior, activities of persons considered youths in Delaware and the consequences dealt out to them by a family court or a Superior court in Delaware.
Persons below the age of 18 are not considered criminals under Delaware laws, rather, they are adjudicated delinquents or not adjudicated delinquents and therefore have no criminal conviction records.
The aim of the family court is to rehabilitate juveniles, which are described as amenable. Unless the family court believes the youth is not amenable or they have committed serious crimes such as murder, rape, kidnapping, they may be transferred to the Superior court to be tried as an adult.
Juvenile records including arrests, charges, and adjudications remain on the youth’s record even after they have turned 18. They must formally apply for an expungement, if they are eligible, to have the juvenile records removed. Once an expungement order is granted by the court, the Bureau of Identification is notified and all arrest records, police, court and electronic records relating to the adjudication of the juvenile are put in the care of the Bureau to ensure it remains sealed with no chance of its release, except as permitted by the law.