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Newark Arrest Records

Are Arrest Records Public in Newark, Delaware?

Yes, arrest records are public in Newark, Delaware. This accessibility is mandated by the Delaware Freedom of Information Act (FOIA), which ensures that government records, including those pertaining to arrests, are available to the public. The principle behind this transparency is to maintain an open government, allowing citizens to stay informed about law enforcement actions and judicial proceedings.

Pursuant to Delaware Code Title 29, Chapter 100 § 10001-10007, public records are defined as "information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected" by any public body relating to public business. The Newark Police Department maintains arrest records as part of its official documentation, making these records subject to public disclosure with certain exceptions as provided by law.

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 specified under § 10002(l) of the Delaware Code.

How to Look Up Newark Arrest Records in 2025

The Newark Police Department maintains several methods for accessing arrest records. Individuals seeking such information may utilize the following official channels:

In-Person Requests: Citizens may visit the Records Unit at the Newark Police Department to submit formal requests for arrest records. Proper identification is required, and applicable fees may apply.

Newark Police Department
220 South Main Street
Newark, DE 19711
(302) 366-7100
Newark Police Department Official Website

Mail Requests: Written requests may be submitted to the Records Unit at the address listed above. Requests must include the full name of the subject, date of birth, case number (if known), and the requestor's contact information.
Online Access: The Newark Police Department provides limited arrest information through its Crime Map portal, which is updated daily with recent criminal activity reports.
Court Records: Cases proceeding to the judicial system may be accessed through the Alderman's Court for violations of municipal ordinances or through the Delaware State Courts for more serious offenses.

Newark Alderman's Court
220 South Main Street
Newark, DE 19711
(302) 366-7000
Alderman's Court Official Website

Pursuant to Delaware Code § 10003, public bodies must respond to FOIA requests within 15 business days of receipt. Fees for document retrieval and copying may be assessed in accordance with § 10003(m).

Contents of a Newark Arrest Record

Newark arrest records contain standardized information as required by Delaware law and departmental policies. These records typically include the following components:

Full legal name and any known aliases of the arrested individual
Date, time, and location of the arrest
Specific charges filed, including citation of relevant Delaware Code sections
Identity of the arresting agency and officer(s)
Booking information, including unique identification numbers
Biometric data, which may include photographs (mugshots) and fingerprints
Demographic information such as date of birth, gender, race, and physical descriptors
Arrest circumstances and incident narrative (may be partially redacted)
Bail or bond information, if applicable
Case disposition status

The Newark Police Department maintains these records in accordance with Delaware Code Title 11, Chapter 85, which governs criminal procedure and record-keeping requirements. Access to certain elements of arrest records may be restricted based on the status of the case, the age of the offender, or other statutory provisions.

Expungement of Arrest Records in Newark

The expungement process in Newark follows Delaware state law as codified in Title 11, Chapter 43 of the Delaware Code. Individuals may petition for expungement under specific circumstances:

Mandatory expungement may be granted when:

The arrest resulted in no conviction or adjudication of delinquency
The case was dismissed or resulted in acquittal
A pardon was granted by the Governor for the offense

Discretionary expungement may be considered when:

The individual has completed a diversion program
The conviction was for certain misdemeanors after a specified waiting period
The individual meets other criteria as specified in § 4373 of the Delaware Code

The expungement process requires filing a petition with the Superior Court of Delaware. If granted, the expungement order directs all criminal justice agencies to seal the relevant records from public view. However, these records remain accessible to law enforcement agencies for official purposes.

Superior Court of New Castle County
500 North King Street
Wilmington, DE 19801
(302) 255-0800
Delaware Courts Official Website

Petitioners should be aware that pursuant to § 4376, it is unlawful to disclose expunged records except under specific circumstances authorized by law. Violations may result in criminal penalties.

Legal Restrictions on Arrest Record Access

While arrest records are generally public in Newark, several important legal restrictions limit access to certain information. The Newark Police Department and other custodians of records must adhere to the following limitations:

Juvenile Records: Pursuant to Delaware Code Title 10, Chapter 9, § 1001-1019, records pertaining to juvenile arrests are confidential and not subject to public disclosure except under limited circumstances.
Ongoing Investigations: Information that could compromise active investigations may be withheld under § 10002(l)(3) of the Delaware FOIA.
Privacy Protections: Personal identifying information such as Social Security numbers, driver's license numbers, and medical information is typically redacted from public arrest records in accordance with § 10002(l)(6).
Sealed or Expunged Records: Records that have been legally sealed or expunged through court order are not available for public inspection.
Domestic Violence Cases: Certain information in domestic violence cases may be restricted to protect victim safety under Delaware's Victims' Bill of Rights (Title 11, Chapter 94).

The Newark Police Department's Records Unit is responsible for ensuring compliance with these restrictions while facilitating appropriate public access to arrest information. Individuals denied access to records may appeal such decisions through procedures outlined in § 10005 of the Delaware FOIA.