Elsmere Arrest Records
Are Arrest Records Public in Elsmere, Delaware?
Arrest records in Elsmere, Delaware are considered public information pursuant to Delaware's Freedom of Information Act (FOIA), codified in Title 29, Chapter 100 of the Delaware Code. Members of the public may access these records as part of the state's commitment to governmental transparency and accountability. The Town of Elsmere, operating under the authority granted by its municipal charter, maintains these records in accordance with state regulations.
The Delaware FOIA establishes that government records, including those documenting arrests made by law enforcement agencies, shall be accessible to citizens except in specific circumstances where privacy concerns or ongoing investigations may limit disclosure. Public access to these records serves multiple civic purposes, including:
- Enabling community awareness of law enforcement activities
- Promoting accountability within the criminal justice system
- Providing necessary information for background checks and public safety assessments
- Supporting journalistic and research endeavors related to criminal justice
Individuals seeking arrest records should note that while the information is generally public, certain elements may be redacted to protect sensitive details pursuant to § 10002(l) of the Delaware Code, which outlines specific exemptions to public disclosure requirements.
How to Look Up Elsmere Arrest Records in 2025
The Town of Elsmere provides multiple channels through which members of the public may obtain arrest records. Requestors should be prepared to provide specific information to facilitate the search process, including the name of the individual, approximate date of arrest, and case number if available.
Official methods for accessing Elsmere arrest records include:
- Submitting a written request to the Elsmere Police Department Records Division located at 11 Poplar Avenue, Elsmere, DE 19805. Operating hours are Monday through Friday, 8:30 AM to 4:30 PM, excluding holidays.
- Utilizing the online records request portal available through the official Town of Elsmere website, which processes requests pursuant to Delaware FOIA guidelines.
- Contacting the New Castle County Court of Common Pleas at 500 N. King Street, Wilmington, DE 19801, for cases that have proceeded to court proceedings.
- Requesting records from the Delaware State Bureau of Identification at 655 Bay Road, Dover, DE 19901, for comprehensive criminal history information.
Requestors should anticipate potential processing fees as authorized under § 10003(m) of the Delaware Code. Standard fees include copying charges of $0.50 per page and administrative processing fees for requests requiring substantial staff time. Fee waivers may be available in cases where the request serves the public interest.
Contents of an Elsmere Arrest Record
Arrest records maintained by the Elsmere Police Department contain standardized information as required by Delaware law and departmental policies. These documents serve as official accounts of law enforcement actions and typically include the following components:
- Demographic information of the arrested individual, including full legal name, date of birth, physical description, and residential address
- Date, time, and specific location where the arrest occurred within Elsmere municipal boundaries
- Statutory citations and descriptions of alleged criminal violations pursuant to Delaware Criminal Code
- Identity and badge number of the arresting officer(s)
- Booking information, including processing location and temporary detention details
- Photographic documentation (mugshots) taken during the booking process
- Biometric data, primarily fingerprints, collected for identification purposes
- Case disposition information, including bail determinations and initial court appearances
- Property inventory documenting items in the arrestee's possession at the time of arrest
The comprehensiveness of arrest records may vary based on the nature of the offense and subsequent procedural developments. Records related to arrests for misdemeanor offenses may contain less extensive documentation than those for felony cases, which typically require more detailed processing and evidence collection.
Pursuant to Delaware law, certain sensitive information may be redacted from publicly available arrest records, including:
- Social Security numbers and other personal identifiers
- Information related to juvenile offenders (subject to special confidentiality provisions under Title 10, Chapter 9 of the Delaware Code)
- Details that might compromise ongoing investigations
- Information protected by federal privacy statutes
Expungement of Arrest Records in Elsmere
The State of Delaware provides legal mechanisms through which eligible individuals may petition for the expungement of arrest records maintained by Elsmere authorities. Expungement procedures are governed by Title 11, Chapter 43, Subchapter VII of the Delaware Code, which establishes criteria and processes for removing arrest information from public access.
Eligibility for expungement in Elsmere is determined by several factors:
- The nature and severity of the original charge
- The final disposition of the case (dismissal, acquittal, or conviction)
- The passage of specified waiting periods as defined by statute
- The petitioner's subsequent criminal history
- Compliance with all court-ordered obligations related to the case
The expungement process requires petitioners to file formal applications with the State Bureau of Identification and the Superior Court of Delaware. For arrests occurring within Elsmere jurisdiction, the procedure typically involves:
- Submission of SBI Form 1020 to the State Bureau of Identification
- Payment of required processing fees (currently $52 for adult expungements)
- Filing of a Petition for Expungement with the Superior Court in New Castle County
- Notification to the Attorney General's Office and the Elsmere Police Department
- Judicial review and determination of the petition's merit
- Issuance of an expungement order if the petition is granted
Upon successful expungement, physical and electronic records of the arrest are removed from public databases maintained by the Elsmere Police Department and other state agencies. However, certain non-public records may be retained for law enforcement purposes as permitted under § 4376 of the Delaware Code.
The Town of Elsmere, operating under its municipal charter, complies with all state-mandated expungement orders while maintaining necessary administrative records of the expungement action itself as required by law.
Search Arrest Records in Elsmere
Elsmere Police Department
11 Poplar Avenue
Elsmere, DE 19805
Phone: (302) 998-1173
Official Website
New Castle County Court of Common Pleas
500 N. King Street
Wilmington, DE 19801
Phone: (302) 255-0900
Official Website
Delaware State Bureau of Identification
655 Bay Road
Dover, DE 19901
Phone: (302) 739-5880
Official Website
