Delaware Criminal Records

According to recent crime data, Delaware has a violent crime rate of 3.84 incidents per 1,000 people and an overall crime rate of approximately 23.48 offenses per 1,000 people. Delaware criminal records are official documents that detail these crimes and the interactions of the associated individuals with the state's criminal justice system. These records typically include warrant and arrest information, indictments, plea agreements, case dispositions, conviction and sentencing details, incarceration records, and other similar information.

Delaware criminal record information is generated and maintained by several governmental entities in the state, including local police departments and county sheriff's offices, Delaware Courts, the state's Department of Corrections, and the Delaware State Police. The Delaware State Police, through its State Bureau of Identification (SBI), also serves as the central repository for Delaware's official criminal history record information and is responsible for collecting, maintaining, and disseminating this information to authorized individuals and entities.

Are Criminal Records Public in Delaware?

Public accessibility to criminal records in Delaware is largely determined by the type of information and the record custodian. While most government records are open to inspection and copying under the Delaware Freedom of Information Act, the law specifically restricts public access to most criminal history details to protect personal privacy. Likewise, Delaware Code Section 8513 specifically limits access to official, comprehensive criminal history record information maintained by the State Bureau of Identification to criminal justice agencies, certain non-criminal justice agencies, and the subject of the record. Juvenile records and records that have been expunged by court order are deemed confidential and restricted from public access.

Notwithstanding this general restriction on criminal record access, certain information is still publicly available. For instance, arrest records open criminal court information, including judicial records about a court proceeding (such as charges filed, case dockets, and dispositions), are generally accessible to interested members of the public.

How To Look Up Criminal Records in Delaware?

The Delaware State Bureau of Identification (SBI) is the primary agency for maintaining official criminal records in the state, and interested parties may obtain certified copies of these records from the bureau. However, it should be noted that the SBI only processes requests for official criminal history reports from authorized agencies (such as law enforcement and licensing boards) and the individual to whom the record belongs.

Obtaining a certified criminal history report from the SBI requires scheduling a fingerprint appointment and submitting a complete set of fingerprints to the bureau at an approved location. Note that a specific service code will be required during the process. This code is usually provided by the agency, entity, or organization requiring you to get fingerprinted. For individuals who wish to obtain a copy of their own personal criminal history report, the code is "27RVGT". Requesters will also be required to present a valid government-issued photo ID and pay the required fees; the SBI currently charges $72 for a state-only report or $85 for a state and federal report (additional fees may apply).

Processing times may vary, but reports are generally forwarded to the recipient as soon as operationally possible. You may contact the SBI at (302) 739-5884 for further information or assistance.

How To Search Delaware Arrest Records?

Arrest records in Delaware are generated when a person is taken into custody by law enforcement agencies. These records are primarily maintained by the local police department or county sheriff's office that made the arrest, but are also kept by the Delaware State Police for incidents handled by state troopers. A standard Delaware arrest record typically includes:

• The arrestee's full name, aliases, date of birth, and physical description
• The date, time, and location of the arrest
• A description of the offense(s) or alleged crime(s) that led to the arrest
• The name of the arresting officer and their associated agency
• Booking information, such as mugshots, fingerprints, and bail/bond details (if applicable)

Delaware arrest records may be accessed by contacting the specific law enforcement agency that handled the arrest and submitting an official records request to them, usually in person or via mail.

How To Search Delaware Warrants?

Warrants in Delaware are legal documents issued by a judge, justice of the peace, or any other statutorily authorized magistrate that authorize law enforcement to perform a specific action. Common types of warrants issued in the state include:

• Arrest Warrants: These authorize law enforcement officers to take an individual into custody when there is probable cause to believe that the person has committed a crime.
• Search and Seizure Warrants: These authorize law enforcement to search a specific person, house, or place to find and seize items that may serve as evidence of a crime. Probable cause is also required for the issuance of these warrants, meaning that there must be sufficient facts to reasonably believe that evidence exists in the particular location specified in the warrant.
• Bench Warrants: These are issued when an individual fails to comply with court orders, such as missing a scheduled court appearance, failing to pay court-mandated fines, or violating other court directives. While bench warrants are not directly tied to new criminal activity, they authorize the apprehension of the person named on the warrant.

Arrest and bench warrants issued in Delaware generally remain active until they are either executed (the person is apprehended) or recalled/quashed by the issuing court. However, search and seizure warrants have a limited validity period and generally have to be executed within a reasonable timeframe (usually not more than 10 days from the date the warrant was issued.

Interested parties may access Delaware warrant information, contact the relevant local law enforcement agency (sheriff's office or police department), or the court clerk's office in the county where the warrant is believed to have been issued. The Delaware State Police also provides access to a Delaware Criminal Justice Information System Online Wanted Person Review platform that may be used to obtain information on active/outstanding warrants.

Can I Obtain a Delaware Criminal History Record of Another Person?

Official criminal history reports in Delaware are confidential and cannot be accessed by the general public. Under state law, these records may only be accessed by the record's subject as well as criminal justice agencies (including courts) and certain authorized non-criminal agencies for official purposes.

However, while third-party requests are not permitted, individuals obtaining a copy of their criminal history report may request the State Bureau of Identification (SBI) to send the results to someone other than themselves. This is common for employment background checks, where the individual consents to the check as part of the application process. Note that personal criminal history reports cannot be used for official purposes required by law enforcement, government agencies, courts, or employers with legal mandates. Inquiries may be directed to the SBI at (302) 739-5884.

How To Expunge or Seal Delaware Criminal Records

Delaware provides mechanisms for individuals to clear their criminal records through expungement - a legal process of removing a criminal record from public access, effectively treating it as if it never occurred for most purposes. Once a record is expunged in Delaware, it is typically separated or destroyed by courts and law enforcement agencies, meaning the expunged information will be shielded from public view and no longer appear on routine background checks. However, law enforcement and certain authorized government agencies may still retain access for specific, limited purposes.

Generally, individuals seeking record expungement in Delaware cannot have any pending criminal charges, be incarcerated or under correctional supervision (like probation), or have outstanding fines, fees, or restitution related to the conviction sought to be expunged. The state's expungement process is primarily governed by Title 11, Chapter 43, Subchapter VII of the Delaware Code. This law provides for two types of expungements, depending on the type of offense and specific circumstances:

• Mandatory Expungement: This is generally available for non-conviction records (where a case was terminated in the accused's favor) - these records are automatically eligible for expungement, even if the person has prior or subsequent convictions on their record. In addition, certain violations and misdemeanor convictions, especially for first-time offenders, may be eligible for mandatory expungement after a specified waiting period (usually between 3 to 5 years) if the individual has no other convictions. Mandatory expungements are processed directly by the State Bureau of Identification (SBI).
• Discretionary Expungement: This is available for certain misdemeanor and non-violent felony convictions that do not qualify for mandatory expungement and is done at the discretion of the court. As such, the person requesting the expungement must prove that the continued existence of the record constitutes a "manifest injustice," and that it is in the interest of justice to expunge the record. The waiting period for these expungements is usually longer than that of mandatory expungements, ranging from 3 to 7 years, and the person requesting the expungements also cannot have any prior or subsequent convictions.

It should be noted that certain offenses are ineligible for expungement in Delaware and cannot be removed from a person's criminal record. These include violent felonies like murder, manslaughter, rape, and kidnapping. Sex offenses, crimes against minors and vulnerable adults, and certain domestic violence-related offenses.

Individuals who wish to get their records expunged will typically need to take the following steps:

• Review eligibility requirements and determine which type of expungement you are eligible for (you may be eligible for both)
• Obtain a certified copy of your Delaware criminal record from the SBI. The SBI will inform you if you are eligible for mandatory expungement (which will be handled directly by the agency) or if you need to apply for discretionary expungements
• If you have to continue a discretionary expungement, complete and file a Petition for Expungement with the Superior Court in the jurisdiction where the case was handled. Necessary forms may be obtained online or directly from the court. Once the petition has been filed, the court will notify the Attorney General's Office.
• The court will review the petition, along with any filed objections and responses, and may hold a hearing if it deems it necessary.
• If the petition is granted, the court will issue an order and provide copies to you and other relevant parties.

Given the complexities involved, it is highly advisable to consult with an attorney experienced in Delaware expungement law to determine eligibility and navigate the process.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Delaware?

Several laws place limitations on how criminal records can be used in employment, housing, and licensing decisions in Delaware. For instance, the Fair Chance Act prohibits federal agencies and contractors that operate in Delaware from inquiring about an applicant's criminal history before making a conditional job offer. Section 711 of the Delaware Code places similar restrictions on public employers in the state and restricts them from inquiring about an applicant's criminal history, credit history, or credit score during the initial application process, up to the first interview. Public employers are also required to ensure that a conviction is directly related to the job role and business necessity before denying applicants based on their criminal record.

Similarly, per Delaware Code Title 24, licensing boards are generally required to assess whether a criminal conviction is substantially related to the profession and/or demonstrate that granting a license would "create an unreasonable risk to public safety," before denying applicants. Additionally, guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) encourages case-by-case assessments of applicants with criminal histories and discourages broad policies that automatically exclude them.

Can I Access Delaware Criminal Records for Free Online?

Several private websites claim to offer access to Delaware criminal records, either for free or at a low cost. However, the information contained in the records obtained from many of these websites may be incomplete, outdated, or inaccurate. The State Bureau of Identification is the best source for official and accurate criminal record information in Delaware; however, this agency does not provide online access to these records. Alternatively, trusted and reliable third-party platforms like DelawarePublicRecords.us that aggregate data from verified databases may also be a good resource for accessing accurate Delaware criminal record information online.