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Smyrna Arrest Records

Are Arrest Records Public in Smyrna, Delaware?

Arrest records are public in Smyrna, Delaware, pursuant to the Delaware Freedom of Information Act (FOIA), Title 29, Chapter 100 of the Delaware Code. This legislation establishes the public's right to access government records, including those pertaining to arrests made by law enforcement agencies. The Delaware FOIA operates under the principle that government transparency is essential for an informed citizenry and accountable public institutions.

The statute specifically provides that "all public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of the records for the appropriate public body." Arrest records fall within this category of public records, subject to certain exemptions that may apply in specific circumstances as outlined in § 10002(l) of the Delaware Code.

Members of the public seeking arrest records in Smyrna should be aware that while these records are generally accessible, certain information may be redacted to protect ongoing investigations, confidential informants, or the privacy of victims in sensitive cases as provided by Delaware law.

How to Look Up Smyrna Arrest Records in 2025

The Town of Smyrna provides multiple channels through which members of the public may access arrest records in 2025. Individuals seeking such information may utilize the following official methods:

In-person requests at the Smyrna Police Department, located at 325 W. Glenwood Ave., Smyrna, DE 19977. Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m.
Electronic requests through the Delaware Criminal Justice Information System (DELJIS), which maintains a comprehensive database of criminal history information. Access to this system requires proper authorization and adherence to state regulations regarding criminal history record information.
Written requests submitted to the Records Division of the Smyrna Police Department, which processes public records requests pursuant to 29 Del. C. § 10003. Requesters must provide sufficient information to identify the specific records sought.
Court records related to arrests may be accessed through the Justice of the Peace Court 8 in Kent County, which handles many criminal cases originating in Smyrna.

Pursuant to Delaware law, agencies may charge reasonable fees for document reproduction and staff time required to fulfill requests. Fee schedules are established in accordance with 29 Del. C. § 10003(m).

Contents of a Smyrna Arrest Record

Arrest records maintained by the Smyrna Police Department and other law enforcement agencies in Delaware typically contain standardized information as required by state regulations. These records generally include:

Biographical information of the arrested individual, including full legal name, date of birth, physical description, and any documented aliases or previous identities.
Arrest details, including the date, time, and specific location where the apprehension occurred within Smyrna municipal boundaries.
Criminal charges filed, with reference to the specific Delaware Code sections allegedly violated. This includes both misdemeanor and felony offenses as applicable.
Case disposition information, if available, indicating whether charges were ultimately prosecuted, dismissed, or resolved through plea agreements.
Arresting officer information, including the badge number and department affiliation of the law enforcement personnel who executed the arrest.
Booking data, including fingerprint records and photographs taken during processing at the detention facility.
Bail or bond information, detailing the conditions of pre-trial release if granted by the court.

The Delaware Criminal Justice Information System maintains these records in accordance with the standards established by the Delaware Criminal Justice Council and the Federal Bureau of Investigation's National Crime Information Center.

Expungement of Arrest Records in Smyrna

The State of Delaware provides legal mechanisms through which certain arrest records may be expunged or sealed from public access. Pursuant to 11 Del. C. Chapter 43, Subchapter VII, individuals may petition for expungement under specific circumstances.

Eligibility criteria for expungement in Smyrna and throughout Delaware include:

Cases resulting in acquittal, nolle prosequi, or dismissal of all charges.
Arrests that did not result in conviction or other adjudication of guilt.
Certain misdemeanor convictions after specified waiting periods have elapsed.
First-offense drug possession cases successfully completed under probation before judgment provisions.

The expungement process requires filing a petition with the Superior Court of Delaware. For arrests occurring in Smyrna, petitions are typically filed with the Kent County Superior Court located at 38 The Green, Dover, DE 19901.

Individuals seeking expungement are advised that the process involves multiple state agencies, including:

The State Bureau of Identification, which verifies criminal history information.
The Attorney General's Office, which may object to expungement petitions.
The Superior Court, which makes the final determination on expungement requests.

Upon successful expungement, records are removed from public access, and the individual may legally respond to inquiries as though the arrest or conviction never occurred, with certain exceptions for law enforcement and specific licensing agencies as provided in 11 Del. C. § 4376.

Legal Consequences of Arrest Records in Smyrna

Arrest records in Smyrna may have significant implications for individuals beyond the immediate criminal proceedings. These consequences are established through various Delaware statutes and regulations:

Employment opportunities may be affected as Delaware employers are permitted to consider arrest and conviction records for most positions, subject to the limitations established in 19 Del. C. § 711(g) regarding discriminatory practices.
Housing applications may be impacted, as landlords in Smyrna and throughout Delaware may conduct background checks that reveal arrest records when evaluating potential tenants.
Professional licensing through Delaware regulatory boards may be affected by arrest records, particularly for professions requiring background checks such as healthcare, education, and security services.
Immigration status may be jeopardized for non-citizens with arrest records, as federal immigration authorities have access to Delaware criminal justice information.
Firearm ownership rights may be restricted for individuals with certain arrests and convictions pursuant to both Delaware law (11 Del. C. § 1448) and federal regulations.

The James T. Vaughn Correctional Center near Smyrna serves as the primary detention facility for individuals arrested on serious charges in the area. This Level 5 facility processes and houses individuals following arrest until bail determinations or case dispositions occur.

Juvenile Arrest Records in Smyrna

Juvenile arrest records in Smyrna are subject to enhanced confidentiality protections under Delaware law. Pursuant to 10 Del. C. Chapter 9, records pertaining to arrests of minors are handled differently than adult records:

Access to juvenile arrest records is restricted to authorized personnel within the juvenile justice system, including law enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Family Court.
Public disclosure of juvenile arrest information is generally prohibited, with limited exceptions for certain serious offenses as specified in 10 Del. C. § 1063.
Automatic expungement provisions apply to many juvenile arrests when the individual reaches the age of majority, provided specific conditions are met regarding the nature of the offense and subsequent behavior.
School notification requirements exist for certain juvenile arrests, as mandated by 14 Del. C. § 4112, which requires law enforcement to inform school officials of arrests involving weapons, controlled substances, or violent offenses.

The Family Court of the State of Delaware, Kent County Courthouse at 400 Court Street, Dover, DE 19901, has jurisdiction over juvenile matters arising from arrests in Smyrna and maintains the confidential records associated with these cases.