Delaware Arrest Records

Delaware Public Records /Delaware Arrest Records

Are Arrest Records Public in Delaware?

In Delaware, arrest records are generally considered public information under the Delaware Freedom of Information Act (FOIA). This means that citizens have the right to access these records, with certain exceptions and limitations designed to protect privacy and ongoing investigations.

The public nature of arrest records in Delaware serves several important functions. It promotes transparency in the criminal justice system, allows citizens to monitor law enforcement activities, and provides important information for background checks and public safety purposes.

However, not all information contained in arrest records is publicly accessible. Delaware law establishes specific guidelines regarding what information can be disclosed and what must be protected. Additionally, certain records may be sealed or expunged under specific circumstances, removing them from public access.

It's important to note that while arrest records are generally public, the methods of accessing them and the specific information available may vary depending on the requesting party's identity and purpose. Law enforcement agencies, government entities, and the general public may have different levels of access to these records.

What Law Governs Access to Arrest Records in Delaware?

Access to arrest records in Delaware is primarily governed by the Delaware Freedom of Information Act (FOIA), codified in Title 29, Chapter 100 of the Delaware Code. This law establishes the public's right to access government records, including arrest records, while also defining certain exemptions and limitations.

Additionally, several other laws and regulations impact access to arrest records in Delaware:

Delaware Criminal History Record Information Act (Title 11, Chapter 85 of the Delaware Code): Regulates the collection, maintenance, and dissemination of criminal history record information.
Delaware Criminal Rule 62: Governs public access to court records, including those related to arrests and criminal proceedings.
Delaware Uniform Rules of Evidence: Establishes standards for the admissibility of arrest records and related information in court proceedings.
Delaware Expungement Statute (Title 11, Chapter 43, Subchapter VIII): Provides mechanisms for sealing or expunging certain arrest records under specific circumstances.

These laws collectively create a framework that balances the public's right to information with individual privacy rights and the integrity of the criminal justice system.

What Information Is Included in a Delaware Arrest Record?

A typical Delaware arrest record contains comprehensive information about an individual's encounter with law enforcement. The specific content may vary depending on the agency maintaining the record, but generally includes:

Biographical Information:

Full legal name (including aliases or previous names)
Date of birth
Physical description (height, weight, eye color, hair color)
Identifying marks (tattoos, scars, etc.)
Address at time of arrest
Social Security Number (often partially redacted in public versions)

Arrest Details:

Date, time, and location of arrest
Arresting agency and officer information
Charges filed (including statute numbers and descriptions)
Arrest circumstances and narrative
Booking information (including booking number)
Mugshot/photograph taken at booking

Case Processing Information:

Court case number
Court appearance dates
Bail or bond information
Plea information
Case disposition (outcome)
Sentencing information (if convicted)

Additional Information:

Prior criminal history references
Fingerprint information
Property seized during arrest
Witness information (may be redacted in public versions)
Victim information (typically redacted in public versions)

It's important to note that the level of detail available to the public may be less comprehensive than what is available to law enforcement agencies or other authorized entities due to privacy protections and legal restrictions.

How To Obtain Arrest Records in Delaware in 2025

Obtaining arrest records in Delaware involves several potential methods, depending on the specific information needed and the requesting party's status. As of 2025, the following procedures are in place:

In-Person Requests:

The State Bureau of Identification (SBI) is the primary agency for obtaining official criminal history information:

Delaware State Bureau of Identification
655 Bay Road, Suite 1B
Dover, DE 19901
Phone: (302) 739-5871
Delaware State Bureau of Identification

Public counter hours: Monday-Friday, 8:30 AM - 3:30 PM (excluding holidays)

For in-person requests, you must:

Complete a Criminal History Request Form
Provide valid government-issued photo identification
Pay the applicable fee
Submit to fingerprinting if requesting a complete criminal history

Mail Requests:

To request arrest records by mail:

Download and complete the Criminal History Request Form from the Delaware State Police website
Include a copy of valid government-issued photo identification
Include a check or money order for the applicable fee
Mail all materials to the SBI address listed above

Local Law Enforcement Agencies:

Individual police departments and sheriff's offices may provide arrest records for arrests made within their jurisdiction. Contact the specific agency where the arrest occurred for their procedures.

Court Records:

For case-related arrest information:

Delaware Judiciary
The Renaissance Centre
405 N. King Street
Wilmington, DE 19801
Phone: (302) 255-0090
Delaware Courts

Public counter hours vary by court location.

The Delaware courts maintain records of criminal cases, which often include arrest information. These records can be accessed through the Delaware Judiciary Case Search or by visiting the clerk's office at the appropriate courthouse.

How to Find Arrest Records Online in Delaware

Delaware offers several online resources for accessing arrest records and related information. These digital platforms provide convenient alternatives to in-person or mail requests:

Delaware Criminal Justice Information System (DELJIS)

DELJIS maintains the official criminal history database for Delaware. While full access is restricted to authorized criminal justice agencies, limited information is available to the public through:

Delaware Criminal Justice Information System

Delaware Judiciary Case Connect

The Delaware court system provides online access to court records, including criminal cases:

Delaware Judiciary Case Connect

This system allows searches by name, case number, or attorney. Users can view case summaries, scheduled hearings, and case dispositions. Registration is required for full access.

Delaware Department of Correction Offender Search

For information on individuals currently incarcerated or under supervision:

Delaware Department of Correction Offender Search

This database provides information on current status, location, and scheduled release dates for offenders.

Delaware Sex Offender Central Registry

For information specifically related to registered sex offenders:

Delaware Sex Offender Central Registry

Third-Party Background Check Services

Several commercial services aggregate public records, including arrest information. While these may provide convenient access, they may not be as accurate or up-to-date as official government sources. Always verify information obtained through third-party services with official records.

When using online resources, be aware that:

Some information may be redacted or limited compared to official records
Recent arrests may not appear immediately in online systems
Some detailed information may require additional verification or fees
Online systems may experience technical limitations or downtime

Who Can Access Arrest Records in Delaware?

Access to arrest records in Delaware varies based on the requesting party's identity and purpose. The following categories outline who can access these records and what level of information they may receive:

General Public:

Can access basic arrest information through public portals
May obtain non-certified criminal history information
Access is limited to publicly available information with certain personal identifiers redacted
Must follow established procedures and pay applicable fees

The Individual Subject of the Record:

Has the right to access their own complete criminal history
Must provide proper identification and follow established procedures
May authorize others to access their records through notarized consent

Criminal Justice Agencies:

Have comprehensive access to complete arrest records
Include law enforcement, courts, corrections, and prosecutorial agencies
Access is granted for official criminal justice purposes
May share information with other criminal justice agencies as needed

Government Agencies:

May access records for specific statutory purposes
Include licensing boards, child protection services, and regulatory bodies
Access level depends on specific statutory authorization
Must demonstrate legal authority for access

Employers and Licensing Bodies:

May access records for employment screening with written consent
Access is regulated by the Delaware Criminal History Record Information Act
Certain positions (education, healthcare, financial services) have expanded access
Must follow specific procedures for lawful use of information

Researchers and Media:

May access anonymized or statistical information
Detailed personal information is typically redacted
Must demonstrate legitimate purpose and may need special approval
Subject to specific use limitations

Attorneys:

May access records related to their clients or cases
Must demonstrate legitimate legal purpose
Access may be granted through court orders or discovery processes

It's important to note that unauthorized access or misuse of arrest records may result in civil or criminal penalties under Delaware law.

Are There Fees for Obtaining Arrest Records in Delaware?

Yes, Delaware imposes various fees for obtaining arrest records and criminal history information. These fees help cover the administrative costs associated with processing requests, maintaining records, and providing certified documents. As of 2025, the fee structure is as follows:

State Bureau of Identification (SBI) Fees:

Certified Criminal History (Individual): $52.00 Certified Criminal History (Third Party): $65.00 Expedited Criminal History: Additional $25.00
Name-Based Criminal Check: $45.00
Fingerprint Card Processing: $15.00

Court Record Fees:

Case Search (Online): Free for basic search
Certified Court Documents: $10.00 first page, $2.00 each additional
Copy of Court Records: $1.00 per page
Record Authentication: $30.00

Local Law Enforcement Agency Fees: Fees vary by agency but typically range from $15-$35 for local arrest records.

Payment Methods:

In-person: Cash, credit/debit cards, money orders, or certified checks
Mail requests: Money orders or certified checks only
Online: Credit/debit cards for applicable services

Fee Waivers: Fee waivers may be available in certain circumstances:

Indigent individuals may request a fee waiver with proper documentation
Certain government agencies may be exempt from fees for official purposes
Non-profit organizations may qualify for reduced fees in specific situations

All fees are subject to change based on legislative or administrative actions. It is advisable to verify current fees before submitting a request.

How Long Are Arrest Records Kept in Delaware

Delaware maintains arrest records for extended periods, with retention schedules varying based on the type of record, the severity of the offense, and the final disposition of the case. The following guidelines outline the general retention periods for different categories of arrest records in Delaware:

Felony Arrests:

Records for violent felonies (murder, rape, etc.): Permanent retention
Records for non-violent felonies: Minimum of 75 years from date of arrest
Records for felony arrests resulting in conviction: Permanent retention unless expunged

Misdemeanor Arrests:

Records for serious misdemeanors: Minimum of 25 years from date of arrest
Records for minor misdemeanors: Minimum of 15 years from date of arrest
Records for misdemeanor arrests resulting in conviction: Minimum of 25 years unless expunged

Arrests Without Conviction:

Records for arrests resulting in acquittal: Retained for 3-7 years (eligible for earlier expungement)
Records for arrests with charges dismissed: Retained for 3-5 years (eligible for earlier expungement)
Records for arrests with no charges filed: Retained for 3 years (eligible for earlier expungement)

Juvenile Arrest Records:

Generally sealed when the individual turns 18
Exceptions exist for violent offenses or if the juvenile was tried as an adult
May be automatically expunged for certain minor offenses

Digital Records:

Electronic arrest records follow the same retention schedules as physical records
Backup systems may retain information even after primary records are purged
Digital fingerprint records are typically retained permanently

It's important to note that even after the standard retention period expires, summary information about arrests may be maintained in aggregate databases for statistical and historical purposes, with personal identifiers removed.

The Delaware Public Archives establishes official records retention schedules for law enforcement agencies in accordance with Title 29, Chapter 5 of the Delaware Code.

What Information Is Redacted or Restricted in Delaware Arrest Records?

When arrest records are released to the public in Delaware, certain sensitive information is typically redacted or restricted to protect privacy rights, ongoing investigations, and vulnerable individuals. The following categories of information are commonly redacted or restricted:

Personal Identifiers:

Social Security Numbers (typically redacted entirely or limited to last four digits)
Driver's license numbers
Financial account information
Dates of birth (may be limited to year of birth only)
Home addresses of certain protected individuals
Personal telephone numbers and email addresses

Sensitive Case Information:

Information that could compromise ongoing investigations
Grand jury proceedings and related materials
Sealed court orders and warrants not yet executed
Confidential informant identities and information
Undercover officer identities
Investigative techniques and procedures

Protected Individuals:

Victim information in sexual assault cases
Information identifying minor victims of any crime
Domestic violence victim information and safe locations
Information about witnesses who may be at risk
Child abuse investigation details
Information about individuals in witness protection programs

Medical and Personal Information:

Medical and mental health records
Substance abuse treatment information
HIV/AIDS status and other protected health information
Genetic information
Information about disabilities or accommodations

Other Protected Information:

Juvenile arrest records (unless the juvenile was tried as an adult)
Expunged or sealed record information
Information specifically protected by court order
Information protected by other state or federal laws

The specific information redacted may vary depending on who is requesting the records and for what purpose. Law enforcement agencies and other authorized entities may have access to unredacted information for official purposes, while public requests receive more heavily redacted versions.

Redactions are made in accordance with exemptions outlined in the Delaware Freedom of Information Act and other applicable privacy laws.

How To Seal or Destroy Arrest Records in Delaware

Delaware law provides several mechanisms for sealing or expunging arrest records under specific circumstances. The process varies depending on the nature of the charges, the case outcome, and the individual's criminal history. Here's a comprehensive guide to the available options:

Mandatory Expungement:

Under Title 11, Chapter 43, Subchapter VIII of the Delaware Code, certain records qualify for mandatory expungement:

Arrests resulting in acquittal (not guilty verdict)
Arrests where charges were dismissed or nolle prosequi (not prosecuted)
Arrests where no formal charges were filed within one year

To request mandatory expungement:

Complete the Petition for Expungement of Criminal Record form
File the petition with the court where the case was handled
Pay the filing fee (approximately $100, may be waived for indigent petitioners)
Attend any scheduled hearings

Discretionary Expungement:

For cases not qualifying for mandatory expungement, discretionary expungement may be available:

First-time non-violent misdemeanor convictions after a waiting period (typically 3-5 years)
Certain drug possession offenses, particularly for first-time offenders
Some juvenile offenses

The process requires:

Filing a Petition for Discretionary Expungement
Obtaining a certified criminal history from the State Bureau of Identification
Submitting the petition to the appropriate court
Attending a hearing where a judge will consider factors including:
- Nature of the offense
- Time elapsed since conviction
- Subsequent criminal history
- Rehabilitation evidence
- Public interest considerations

Adult Expungement Program:

Delaware offers an Adult Expungement Program through the Superior Court for eligible individuals:

Delaware Superior Court
500 N. King Street
Wilmington, DE 19801
Phone: (302) 255-0800
Delaware Superior Court

Pardons:

For cases not eligible for expungement, a pardon from the Governor may be sought through the Delaware Board of Pardons:

Delaware Board of Pardons
410 Federal Street, Suite 3
Dover, DE 19901
Phone: (302) 739-4111
Delaware Board of Pardons

A pardon does not automatically expunge records but may make previously ineligible records eligible for expungement.

Effects of Expungement:

When records are expunged:

Physical records are destroyed
Electronic records are deleted from public databases
The individual may legally deny the arrest occurred in most circumstances
Records remain accessible to law enforcement for limited purposes

Legal assistance is strongly recommended for navigating the expungement process, as requirements are complex and mistakes can result in petition denial.

What Are the Limitations on the Use of Arrest Records in Delaware?

Delaware law imposes significant restrictions on how arrest records can be used, particularly in employment, housing, and other contexts. These limitations are designed to protect individuals from discrimination while balancing public safety concerns. The following restrictions apply to the use of arrest records in Delaware:

Employment Restrictions:

Under the Delaware Discrimination in Employment Act and the Delaware Fair Chance to Compete for Jobs Act (Ban the Box law):

Employers cannot inquire about criminal history on initial job applications
Public employers and contractors must wait until after the first interview to inquire about criminal history
Employers must consider factors such as:
- The nature and gravity of the offense
- Time elapsed since the offense or completion of sentence
- The nature of the job sought
Employers must provide notice and opportunity to respond before taking adverse action
Arrests not resulting in conviction generally cannot be considered in employment decisions

Housing Restrictions:

The Delaware Fair Housing Act and related regulations:

Prohibit blanket bans on housing based solely on arrest records
Require individualized assessment of criminal history
Restrict consideration of arrests not resulting in conviction
Require reasonable time limitations on consideration of past criminal activity

Licensing Restrictions:

For professional licensing and certification:

Many licensing boards are restricted from considering arrests not resulting in conviction
Licensing decisions must be based on convictions substantially related to the profession
Boards must consider evidence of rehabilitation and time elapsed
Applicants must be provided with specific reasons for denial based on criminal history

Credit and Financial Services:

Under the Delaware Consumer Credit Code:

Creditors face limitations on using arrest records in credit decisions
Arrest information not resulting in conviction generally cannot be considered
Specific notice requirements apply when adverse actions are taken

General Prohibitions:

It is unlawful to use arrest records to blackmail or extort individuals
Publishing arrest information with intent to cause harm may constitute defamation
Using arrest records to discriminate in public accommodations is prohibited
Misrepresenting arrest record information is prohibited

Penalties for Misuse:

Violations of these restrictions may result in:

Civil liability and damages
Administrative penalties
Injunctive relief
In some cases, criminal charges for severe misuse

These limitations are enforced by various state agencies, including the Delaware Department of Labor, the Delaware Division of Human Relations, and the Delaware Department of Justice.

Lookup Arrest Records in Delaware

Various agencies in Delaware maintain and provide access to arrest records. Below is a comprehensive list of the primary agencies where you can lookup arrest records in the state:

State Repository for Criminal History Records:

Delaware State Bureau of Identification (SBI)
655 Bay Road, Suite 1B
Dover, DE 19901
Phone: (302) 739-5871
Delaware State Bureau of Identification

State Police:

Delaware State Police
1441 N. DuPont Highway
Dover, DE 19901
Phone: (302) 739-5901
Delaware State Police

State Department of Justice:

Delaware Department of Justice
Carvel State Office Building
820 N. French Street
Wilmington, DE 19801
Phone: (302) 577-8400
Delaware Department of Justice

State Department of Corrections:

Delaware Department of Correction
245 McKee Road
Dover, DE 19904
Phone: (302) 739-5601
Delaware Department of Correction

State Court System:

Delaware Administrative Office of the Courts
The Renaissance Centre
405 N. King Street, Suite 507
Wilmington, DE 19801
Phone: (302) 255-0090
Delaware Courts

County Sheriff's Offices:

New Castle County Sheriff's Office
87 Reads Way
New Castle, DE 19720
Phone: (302) 395-8450
New Castle County Sheriff's Office

Kent County Sheriff's Office
555 Bay Road
Dover, DE 19901
Phone: (302) 736-2161
Kent County Sheriff's Office

Sussex County Sheriff's Office
P.O. Box 589
Georgetown, DE 19947
Phone: (302) 855-7830
Sussex County Sheriff's Office

Municipal Police Departments:

Wilmington Police Department
300 N. Walnut Street
Wilmington, DE 19801
Phone: (302) 654-5151
Wilmington Police Department

Dover Police Department
400 S. Queen Street
Dover, DE 19904
Phone: (302) 736-7111
Dover Police Department

Newark Police Department
220 South Main Street
Newark, DE 19711
Phone: (302) 366-7111
Newark Police Department

State Archives:

Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
Phone: (302) 744-5000
Delaware Public Archives

Federal Agencies Operating in Delaware:

FBI - Baltimore Field Office (covers Delaware)
2600 Lord Baltimore Drive
Baltimore, MD 21244
Phone: (410) 265-8080
Federal Bureau of Investigation

U.S. Marshals Service - District of Delaware
844 King Street, Suite 4040
Wilmington, DE 19801
Phone: (302) 573-6176
U.S. Marshals Service

U.S. District Court for the District of Delaware
J. Caleb Boggs Federal Building
844 N. King Street
Wilmington, DE 19801
Phone: (302) 573-6170
U.S. District Court - District of Delaware