Delaware Arrest Records

According to the Executive Brief concerning Crime in Delaware, there were 18,756 arrests in 2022, compared to 21,695 in 2018. Of those arrested, 17,086 were adults, while 1,670 were juveniles. The brief by the Statistical Analysis Center Delaware Criminal Justice Council grouped the arrests in the following manner.

• Violent Crimes: 7,581
• Property Crimes: 3,639
• Drug Crimes: 4,473
• Property and Social Crimes: 3,063

What Is an Arrest Under Delaware Law?

Title 11 of Crimes and Criminal Procedure concerning arrest and commitment indicates that detainment is when a peace officer takes a person into custody so they can answer for their crime. The crime may or may not be committed in the presence of the law enforcement officer, but it is provided there is reasonable cause to believe the suspect has committed the offense. Generally , the peace officer may also stop anyone in a public place provided the suspect has committed or is about to commit a crime.

Type of Arrests in Delaware

There are two types of arrest In Delaware: with a warrant and without one.

Warrant Arrest

In Delaware, an arrest with a warrant occurs when a peace officer detains an individual because they have a legal document that authorizes the action. A warrant is signed by a judge or a commissioner when there is sufficient evidence to show that the person has been engaging in criminal activity. The warrant typically contains the defendant's name and any names or descriptions by which the defendant would be identified.

Generally , the warrant will also describe the offense charged in the complaint and commands that the defendant be arrested and brought before the nearest county magistrate where the offense was committed. The summons will also be in the same form as the warrant, with the exception that they will summon the defendant to appear before the courts at a certain time.

Warrantless Arrest

Arrests by peace officers without warrants are also legal, provided they have reasonable cause to believe the person who was to be taken into custody committed a misdemeanor in their presence. The suspect may also have committed the offense outside the officer's presence, but there is cause to believe they performed it and may be a danger to the community. If the suspect is currently engaging in acts that cause harm to others or themselves, it is also possible to implement an arrest without a warrant.

Despite other legal provisions, law enforcement officers are allowed to arrest individuals without a warrant whenever they have reasonable cause to believe the individual has committed a new offense in the state during a period of probation.

What Are Delaware Arrest Records?

Delaware arrest records are documents that illustrate a person's interaction with state law enforcement. The records may indicate the person's name, physical descriptors, and the content of the arrest; these are the details of the apprehension, including the arresting officer, agency, location, and the charges at the time. Arrest records in Delaware generally are not the same as criminal records because they do not include court processes or convictions.

How Can Arrest Records Be Accessed in Delaware?

Arrest records are open to the public by the Freedom of Information Act. However, not every record may be accessible depending on the nature of the information contained. For example, arrests involving juveniles or ongoing investigations are deemed confidential. Domestic abuse or arrests involving national security may also be kept from the public. Local and state agencies maintain these records. Arrest records in the state may be accessed in person, via Mail, or online. The state does not offer a public online portal to search arrest records.

How To Access Delaware Arrest Records in Person

Requesters may access records in person by visiting the local law enforcement agencies or the state police. Determine the police department or sheriff's office where the person may have been taken into custody and visit them during working hours. Alternatively, one can go to the Delaware State Police to initiate a criminal history record check and get arrest records. Typically , the criminal history check will provide comprehensive details, including court appearances, pleas, convictions, and sentencing if present. When visiting these law enforcement agencies, the record seeker must provide their photo identification and fill out the relevant request forms. Depending on the agency, it may cost $30 to $60 per request.

How To Access Delaware Arrest Records Via Mail

To request arrest records in the state, interested parties may write a formal letter to the appropriate law enforcement agency with the records. That said, it would be advisable to call the sheriff's office or the police department to confirm they offer the option of mailing arrest records. The Delaware State Police does offer this option, though, and one can send a written request to their office. The requester may include relevant information like the party's name, date of birth, and other descriptors. They may also include a copy of their photo ID and the request fee.

How To Access Delaware Arrest Records Online

Interested parties may get limited access to criminal or arrest records via the Delaware Criminal Justice Information System. Full arrest records usually require a formal request.

How Long Will an Arrest Report Stay on Your Delaware Records?

Arrest records generally remain on a person's record unless they are eligible for expunging. Delaware passed the Clean Slate Act in 2024, though, initiating mandatory deletion of arrest records where all charges were terminated in favor of the accused. However, if the person was convicted of the crime, they have to fulfill certain requirements.

Can You Expunge Your Arrest Records in Delaware?

Parties who have been arrested but not convicted, so their charges were dropped, are eligible to have their arrest records automatically expunged. Persons who have been convicted, though, can apply for expunging after meeting certain criteria. According to the State Bureau of Identification, conviction records are not eligible for expunging if there are outstanding fees, restitution, or fines concerning the conviction.

It also depends on the crime that the person committed. For eligible misdemeanor convictions, the applicant has to wait three years from the date of the conviction to apply. These are mainly for violations of crimes. Convictions of underage possession or consumption of alcohol or personal use of marijuana are subject to mandatory expungement, so they do not count as a previous conviction.

For eligible felony convictions, the applicant may apply to have their records expunged after seven years. Any conviction of a crime involving sexual assault, robbery, or murder is not eligible for expungement. Records of convictions entailing domestic violence on an adult or a child are not eligible for expungement. Such records may be eligible for discretionary expungement after the person receives a pardon. The state does offer leniency for juveniles looking to expunge their records depending on the nature of the crime. To apply for expungement, parties should contact the Delaware State Bureau of Identification to determine if they meet the eligibility requirements.

Is a Citizen's Arrest Legal in Delaware?

In Delaware, citizens' arrests are not specifically codified by the law but are generally allowed under certain circumstances. These may be considered an arrest without a warrant where a private citizen witnesses a crime in progress. The person making the arrest must have reasonable cause to believe the suspect has committed the crime. They cannot misuse force and should submit the accused to law enforcement as soon as possible to avoid legal liability.

How to Look Up Arrest Warrants in Delaware

Interested parties may look up arrest warrants in Delaware in any of the following ways:

In-Person Request for Arrest Warrants

Interested parties may contact local law enforcement, such as the police department or the sheriff's office, to ask if they have information on active warrants. Visit their offices during office hours and provide photo identification and reasons for the request, such as the relationship with the party of interest. They may confirm the existence of an outstanding warrant on the person but may not release detailed information for security reasons.

Alternatively, one may visit the Delaware State Police State Bureau of Investigation at 655 Bay Road, Dover. At their offices, the applicant will issue a request for the party's criminal records. However, the individual will require a valid ID and must fill out an application form.

Mail Request for Arrest Warrants

Interested parties may also request arrest records via Mail by sending a written request to the Delaware State Police. The requester will have to provide required forms of identification, such as a government-issued photo ID —a driver's license or passport would suffice. They should also call the State Bureau of Identification to ensure all required documents and fees are submitted for the request. The fees may be issued by check or money order. It should then take a few weeks to process the request.

Online Request for Arrest Warrants

Delaware's Criminal Justice Information System generally provides a wanted person review option that allows individuals to search for arrest warrants. This service is also free, allowing all parties to search for warrant details without paying subscription fees.