Delaware Arrest Records

Is Delaware an Open Arrest Records State?

Delaware is an open arrest records state in accordance with the Delaware Freedom of Information Act (FOIA), codified in Title 29, Chapter 100 of the Delaware Code. The state maintains a commitment to governmental transparency and public accountability by providing citizens with access to arrest records. Pursuant to § 10002(l) of the Delaware Code, records of arrests and criminal activities are considered public records unless specifically exempted by statute.

The Delaware State Police and local law enforcement agencies maintain these records as part of their official duties. Public access to arrest information serves multiple governmental and societal interests, including:

Enabling citizens to monitor law enforcement activities
Promoting accountability within the criminal justice system
Providing information relevant to public safety concerns
Supporting the constitutional principle of open government

The Delaware Department of Justice has determined that arrest records fall within the category of public records that should be accessible to promote transparency in governmental operations. This determination aligns with judicial precedent established by the Delaware Supreme Court in cases interpreting the scope of the state's public records laws.

How to Look Up Delaware Arrest Records in 2025

Delaware residents and other interested parties may access arrest records through several official channels. The Delaware Criminal Justice Information System (DELJIS) serves as the central repository for criminal history information in the state. Individuals seeking arrest records may utilize the following methods:

Online Access: The Delaware Court Connect system provides 24-hour access to case information, including arrest details.
In-Person Requests: Citizens may visit the Delaware State Police Bureau of Identification to request certified criminal history information.

Delaware State Police Bureau of Identification
655 Bay Road
Dover, DE 19901
(302) 739-5884
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM

Local Law Enforcement Agencies: Each police department maintains records of arrests within their jurisdiction.

Wilmington Police Department
300 North Walnut Street
Wilmington, DE 19801
(302) 654-5151
Hours of Operation: Monday-Friday, 8:00 AM - 5:00 PM

Delaware Department of Correction: For information regarding individuals currently in custody, the inmate locator service provides custody status information.

Delaware Department of Correction
245 McKee Road
Dover, DE 19904
(302) 739-5601
Hours of Operation: Monday-Friday, 8:00 AM - 4:30 PM

Pursuant to § 8513 of Title 11 of the Delaware Code, requestors must provide proper identification when seeking criminal history information. Fees for record retrieval are established by statute and may vary based on the type of request and requesting entity.

Contents of a Delaware Arrest Record

Delaware arrest records contain standardized information as required by § 8507 of Title 11 of the Delaware Code. These records typically include the following elements:

Biographical Information: Full legal name, date of birth, gender, race, and physical descriptors of the arrested individual
Arrest Details: Date, time, and location of arrest
Jurisdiction Information: Arresting agency and officer identification
Offense Data: Specific charges filed, including statute citations and offense classification
Case Disposition: Current status of the case within the criminal justice system
Booking Information: Photographs, fingerprints, and other identification data
Court Information: Scheduled appearances, bail determinations, and judicial assignments

The Delaware Bureau of Identification maintains these records in accordance with state and federal regulations governing criminal justice information systems. Certain sensitive information may be redacted from public versions of arrest records in compliance with privacy protections established under § 8513(c) of Title 11.

Understanding the Delaware Open Records Act

The Delaware Freedom of Information Act (FOIA), established in Title 29, Chapter 100 of the Delaware Code, governs public access to government records, including arrest information. This legislation establishes the presumption that government records are open to public inspection unless specifically exempted by statute.

Key provisions of Delaware's open records framework include:

Statutory Authority: § 10003 establishes the right of citizens to inspect and copy public records during regular business hours.
Response Timeline: Agencies must respond to requests within 15 business days, as specified in § 10003(h).
Exemptions: § 10002(l) enumerates specific categories of records exempt from disclosure, including certain investigatory files and juvenile records.
Appeals Process: § 10005 provides mechanisms for appealing denied requests through the Office of the Attorney General or Superior Court.

The Delaware Department of Justice provides oversight regarding FOIA compliance and issues advisory opinions interpreting the statute's application to specific record types. The Attorney General's Office has consistently held that basic arrest information falls within the category of public records subject to disclosure.

Delaware Department of Justice
820 North French Street
Wilmington, DE 19801
(302) 577-8400
Hours of Operation: Monday-Friday, 8:30 AM - 5:00 PM

Expungement of Arrest Records in Delaware

Delaware law provides mechanisms for the expungement or sealing of arrest records under specific circumstances as outlined in Title 11, Chapter 43 of the Delaware Code. Expungement removes arrest information from public access and, in some cases, from official repositories.

Eligibility criteria for expungement include:

Disposition Requirements: Cases resulting in acquittal, dismissal, or nolle prosequi may qualify under § 4372.
Waiting Periods: Mandatory time intervals following case disposition vary based on offense classification.
Offense Limitations: Certain serious offenses are statutorily ineligible for expungement under § 4373.
Prior Record Considerations: The presence of other criminal history may affect eligibility.

The expungement process requires:

Filing a petition with the appropriate court of jurisdiction
Payment of filing fees as established by the Administrative Office of the Courts
Notification to the Attorney General's Office and arresting agency
Judicial review and determination
Implementation of the expungement order by relevant agencies

Superior Court of Delaware
500 North King Street
Wilmington, DE 19801
(302) 255-0800
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM

Pursuant to § 4376, expunged records are not available for public inspection and the individual may legally deny the existence of the arrest in most circumstances.

How to Find Local Arrests in Delaware?

Information regarding local arrests in Delaware is available through multiple official channels. Citizens seeking current arrest data may utilize the following resources:

Law Enforcement Agency Websites: Many police departments maintain online arrest logs or press releases documenting recent enforcement activities.

Delaware State Police
1441 North DuPont Highway
Dover, DE 19901
(302) 739-5901
Hours of Operation: 24 hours daily

Court Dockets: The Delaware Courts online docket system provides information on scheduled appearances for recently arrested individuals.
Local Government Offices: Municipal clerks maintain public safety records that may include arrest information.

City of Dover Clerk's Office
15 Loockerman Plaza
Dover, DE 19901
(302) 736-7008
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM

County Sheriff's Offices: These agencies maintain records of arrests and warrant executions within their jurisdictions.

New Castle County Sheriff's Office
87 Reads Way
New Castle, DE 19720
(302) 395-8450
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM

Pursuant to § 10002 of Title 29, these records are generally available for public inspection during normal business hours. Agencies may require written requests and charge reasonable fees for document reproduction as authorized by statute.

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