Delaware Arrest Records

Delaware arrest records are documents that provide information about arrests executed by law enforcement agencies within state limits. They are created by the arresting agencies when a person is apprehended for committing a criminal offense. These records are then kept in their custody and referenced during consequent judicial proceedings or made available to interested and eligible members of the public.

Delaware law enforcement agencies that carry out arrests include Delaware Capitol Police, Delaware State Police, Newcastle County Police Department, and various municipal police departments.

An arrest record often contains information about the arrested individual and the process of apprehension:

• Personal details such as name, age, race, and mugshot;
• The details of the incident;
• The charges filed against them;
• Arrest location, date, and time;
• The name of the agency responsible for making the arrest.

Delaware arrest records provide a clear explanation of the events that resulted in the removal of the rights and freedoms of individuals, which can potentially curtail criminal behavior. In addition, the existence of arrest records makes it possible for citizens to keep law enforcement agencies and officers accountable to the laws of the State. This prevents the misuse and abuse of power.

Are Arrest Records Public in Delaware?

Yes, arrest records are public in Delaware. This is in accordance with the Delaware Freedom of Information Act (FOIA), which grants US citizens the right to access arrest records in the custody of all its law enforcement agencies. However, in some specific situations, law enforcement agencies within the State are equally permitted by the FOIA to exempt certain arrest records from public access.

In Delaware, arrest records may be exempt from public disclosure if disclosing their contents will breach the right to personal privacy of the individual(s) involved. It is also permitted in cases where the records' content can threaten public safety. Specifically, juvenile arrest records and investigatory records are confidential in Delaware.

How Do I Look Up Arrest Records in Delaware?

Interested individuals can perform an arrest records search through the agencies provided below:

Local Law Enforcement Agencies

Requesters can retrieve arrest records from municipal police departments within the Kent, Sussex, and New Castle counties. Requesters can also visit the New Castle County Police Department, the only law enforcement agency at the county level. This can be done by contacting the office by phone at (302) 573-2800 or by visiting the office to make an in-person request at:

Public Safety Building

3601 North DuPont Highway

New Castle, DE 19720

County Sheriff Officers are not primarily considered law enforcement officers in Delaware. Per Del. Code. §222-18, they do not have arrest authority. As a result, requests for arrest records cannot be made to the Sheriff's Offices.

Delaware State Police

To retrieve arrest records at the State level, requesters need to schedule a fingerprinting appointment at any of the Delaware State Police or partner locations. A licensed third-party vendor provides this service. A service code "27RVGT" should be provided on the website's homepage to initiate the process. This then redirects users to a page to find relevant information, including how to make and manage their appointments and locate the fingerprinting centers closest to them.

Requesters who cannot visit the listed fingerprinting locations may use the mail-in service to submit a fingerprint card. To obtain a fingerprint card, the service number "1111G2" should be entered on the website homepage of the third-party vendor. According to the notice on the website, all mail-in requesters should be prepared to experience significant delays, suggesting that it is an unsuitable option for urgent requests.

Obtaining a fingerprint card costs a fee of $30. Requesters who require certified copies of the criminal history records of the State of Delaware will need to pay a fee of $72. On the other hand, certified copies of the State of Delaware and Federal Criminal History Records cost $85.

Federal Bureau of Investigation

To conduct a nationwide search for arrest records, inquirers can query the FBI online or by mail. Online requesters must enter their email addresses on the Electronic Departmental Order. This action automatically sends a secure link and personal identification number to the email address provided, which can then be used to complete their criminal records request. Mail requesters must mail the completed Applicant Information Form, a Fingerprint Card, and an $18 fee to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

Requesters can also access arrest records through third parties known as FBI-Approved Channelers. They are organizations that the FBI licenses to submit requests on behalf of citizens. To go through this third-party service, requesters should send in their fingerprints and all the requested information and pay the required fees.

Free Arrest Record Search in Delaware

Unlike other US states, Delaware law enforcement agencies do not provide searchable databases for reviewing arrest records for free. Notwithsdtanding, inquirers may be able to find arrest records for free using third-party databases. However, most privately operated repositories will only provide limited information for free. Inquirers will be charged to access extensive information, if required.

How Long Do Arrests Stay on Your Record in Delaware?

In Delaware, arrest records are never automatically destroyed but remain permanently on the records of the arrestee. However, eligible persons can restrict access to their arrest records by petitioning the court to have them sealed or expunged.

How to Seal Arrest Record in Delaware

In Delaware, sealing an arrest record removes a person's criminal history from public access. Per Delaware Code §4372, an expungement is granted under the following circumstances:

• The individual is acquitted by the courts for all charges related to the case;
• The court dismissed all charges;
• The individual meets all the requirements of their probation;
• A nolle prosequi is entered for all the charges related to the case.

There are two types of adult expungements in Delaware: Mandatory and Discretionary. The State Bureau of Identification (SBI) handles mandatory expungements, while the Superior or Family Courts handle discretionary expungements. Individuals who qualify for discretionary expungements must file an Expungement Petition Form or Petition for Adult Expungement with the Superior Court or Family Court.

If the request for expungement is granted, all law enforcement agencies and court records relating to the arrest will be removed or made confidential. Thus, inquirers will be unlikely to access them through the site of the arresting agency or third-party repositories.