Arrest records are public documents in Dover, Delaware, pursuant to the Delaware Freedom of Information Act (FOIA), Title 29, Chapter 100 of the Delaware Code. This legislation establishes the legal framework for public access to government records, including those pertaining to arrests made by law enforcement agencies. The Delaware FOIA specifically mandates that public bodies shall make their records available for public inspection and copying, subject to certain exemptions outlined in § 10002(l) of the Act.
The State of Delaware maintains this policy of transparency to ensure citizens have appropriate access to information regarding governmental activities, including law enforcement operations. Public access to arrest records serves multiple purposes, including:
Members of the public should note that while arrest records are generally accessible, certain information may be redacted to protect ongoing investigations, juvenile records, or personal identifying information as prescribed by Delaware law.
The State of Delaware provides multiple channels through which members of the public may access arrest records in Dover. Pursuant to Delaware Code Title 11, Chapter 85, the following official methods are available for obtaining arrest record information:
Dover Police Department
400 S. Queen Street
Dover, DE 19904
(302) 736-7111
Dover Police Department
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM
Individuals seeking arrest records may visit the Records Division at the Dover Police Department headquarters. Requestors must complete a formal records request form and provide valid identification. A nominal fee may be assessed for document reproduction in accordance with § 10003(m) of the Delaware Code.
Delaware State Police - State Bureau of Identification
655 S. Bay Road, Suite 1B
Dover, DE 19901
(302) 739-5871
Delaware State Police
Hours of Operation: Monday-Friday, 8:30 AM - 4:00 PM
The State Bureau of Identification maintains comprehensive criminal history information for the entire state. Requestors must appear in person with proper identification and pay the statutory fee for record searches.
Kent County Courthouse
38 The Green
Dover, DE 19901
(302) 735-1900
Kent County Courthouse
Hours of Operation: Monday-Friday, 8:30 AM - 4:30 PM
The Kent County Courthouse provides public access terminals where individuals may search court records, including those related to arrests and subsequent court proceedings. Court staff cannot conduct searches on behalf of the public but may provide guidance on using the available resources.
Written requests may also be submitted to any of these agencies. Such requests must include the full name of the subject, date of birth, and specific information being sought. Agencies typically respond within 15 business days as required by § 10003(h) of the Delaware FOIA.
Arrest records maintained by Dover law enforcement agencies contain standardized information as prescribed by Delaware Administrative Code Title 1, Section 1300. These records typically include the following components:
Subject identification information:
Arrest details:
Case processing information:
Biometric data:
Pursuant to Delaware Code Title 11, § 8513, certain sensitive information may be redacted from publicly available arrest records, including Social Security numbers, medical information, and information that could compromise ongoing investigations. Additionally, records pertaining to juvenile offenders (under age 18) are subject to stricter confidentiality provisions under Delaware Code Title 10, Chapter 9.
The State of Delaware provides legal mechanisms for the expungement of arrest records under specific circumstances as codified in Delaware Code Title 11, Chapter 43, Subchapter VII. Expungement is the legal process by which arrest records are removed from public access and, in some cases, physically destroyed.
Eligibility criteria for expungement in Dover include:
The expungement process requires petitioners to:
The Delaware State Bureau of Identification, located at 655 S. Bay Road, Suite 1B, Dover, DE 19901, processes all expungement orders issued by the courts. Upon receipt of a valid court order, the Bureau will remove the specified records from public databases and notify other agencies that maintain copies of such records.
Mandatory expungements are granted when the statutory requirements are met, while discretionary expungements require judicial review of the petitioner's rehabilitation and the public interest in maintaining the record. The Delaware Courts website provides standardized forms and detailed instructions for individuals seeking expungement.
Persons with arrest records should note that expunged records may still be accessible to law enforcement agencies for official purposes, even when removed from public view, in accordance with § 4376 of the Delaware Code.