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Sussex County, Delaware Arrest Records

Are Arrest Records Public in Sussex County, Delaware?

Yes, arrest records are public in Sussex County, Delaware. This accessibility is governed by the Delaware Freedom of Information Act (FOIA), which mandates that all government records, unless specifically exempted by law, must be available for public inspection and copying. Pursuant to 29 Del. C. § 10001-10007, arrest records fall under the category of public records, ensuring transparency and accountability in law enforcement operations. The Delaware State Police and Sussex County Sheriff's Office maintain these records as part of their official documentation of law enforcement activities. Members of the public may request access to these records through established procedures, subject to certain privacy protections for ongoing investigations or juvenile cases as specified in § 10002(l).

Can Arrest Records be Found Online in Sussex County?

Yes, arrest records can be found online in Sussex County through several official digital platforms. The Delaware Criminal Justice Information System (DELJIS) serves as the primary repository for criminal justice information in the state, including arrest data from Sussex County. Additionally, the Delaware Court Connect system provides public access to court case information, including records related to arrests and subsequent court proceedings. These digital resources have been established pursuant to 11 Del. C. § 8605, which authorizes the creation and maintenance of electronic criminal justice information systems. Users should note that while basic information is available online, certain detailed records may require in-person requests at the appropriate agency.

How to Look Up Sussex County Arrest Records in 2025

To obtain Sussex County arrest records in 2025, members of the public may utilize multiple resources both online and offline. The following options are available:

  • Visit the Sussex County Sheriff's Office in person to submit a direct request for arrest records: Sussex County Sheriff's Office 1 The Circle, Suite 3 Georgetown, DE 19947 (302) 855-7830 Official Website Hours: Monday-Friday, 8:30 a.m. to 4:30 p.m.

  • Access the Delaware State Police website for recent arrest information and press releases regarding significant cases in Sussex County.

  • Use the Delaware Inmate Locator to find information about individuals currently in custody following an arrest.

  • Visit the Sussex County Courthouse to access public terminals for searching court records related to arrests: Sussex County Courthouse 1 The Circle Georgetown, DE 19947 (302) 855-7055 Official Website Hours: Monday-Friday, 8:30 a.m. to 4:30 p.m.

  • Submit a formal request under the Delaware Freedom of Information Act to the arresting agency, which must be processed within 15 business days as required by 29 Del. C. § 10003(h).

Contents of a Sussex County Arrest Record

A Sussex County arrest record typically contains comprehensive information about the arrest event and the individual involved. Pursuant to Delaware Administrative Code Title 1, Section 1300, these records must include the following standard elements:

  • Full legal name and any known aliases of the arrested individual
  • Date, time, and precise location of the arrest
  • Detailed description of the alleged offense(s), including applicable Delaware Code citations
  • Identity of the arresting agency and the name(s) of the arresting officer(s)
  • Booking photographs (mugshots) and fingerprint records
  • Demographic information including date of birth, gender, race, height, weight, and last known address
  • Unique identification numbers assigned to the individual and the case
  • Custody status and initial bail determination
  • Record of personal property taken during the booking process
  • Preliminary hearing date, if applicable

These records are maintained in the Delaware Criminal Justice Information System as mandated by 11 Del. C. § 8605 and are subject to specific retention schedules established by the Delaware Public Archives.

Legal Uses of Sussex County Arrest Records

Sussex County arrest records serve multiple legitimate purposes within the criminal justice system and for the general public. Under Delaware law, these records may be lawfully used for:

  • Criminal background checks for employment purposes, particularly for positions involving vulnerable populations, as authorized by 31 Del. C. § 309
  • Tenant screening by landlords and property management companies, subject to Fair Housing regulations
  • Pre-trial services and risk assessments by the courts and probation departments
  • Statistical analysis and crime pattern recognition by law enforcement agencies
  • Public safety notifications in cases involving specific types of offenders as outlined in 11 Del. C. § 4120
  • Academic and policy research, provided that personally identifiable information is protected
  • Journalistic reporting on matters of public interest

The Division of Professional Regulation and the Department of Health and Social Services Background Check Center utilize these records for licensing and employment screening purposes. Unauthorized or discriminatory use of arrest record information may violate state and federal laws, including the Fair Credit Reporting Act and Delaware's anti-discrimination statutes.

Limitations on Access to Arrest Records

While arrest records in Sussex County are generally public, certain limitations and restrictions apply to their accessibility. These limitations are established by Delaware statutes and court rules to balance transparency with privacy and due process concerns:

  • Records pertaining to juvenile arrests (individuals under 18) are confidential pursuant to 10 Del. C. § 1001, with limited exceptions for serious offenses
  • Information about victims of sexual offenses is redacted from public arrest records as required by 11 Del. C. § 9403
  • Records related to arrests that have been expunged or sealed by court order are not accessible to the general public
  • Ongoing investigations may have temporarily restricted access under 29 Del. C. § 10002(l)(3)
  • Mental health information contained in arrest records is protected under both state law and HIPAA regulations
  • Records of arrests more than three years old where no conviction resulted may have restricted access under certain circumstances

Agencies maintaining arrest records must comply with these statutory limitations when responding to public requests. The Delaware State Police provides certified criminal history records that include arrest information, but these reports are subject to the limitations outlined above.

Expungement of Arrest Records in Sussex County

In Sussex County, individuals may petition to have their arrest records expunged under specific conditions established by Delaware law. Pursuant to 11 Del. C. § 4371-4375, expungement is typically available in the following circumstances:

  • The arrest did not result in a conviction (case was dismissed, nolle prossed, or resulted in acquittal)
  • The conviction was pardoned by the Governor
  • The offense was a first-time, non-violent misdemeanor and the specified waiting period has elapsed
  • The arrest was for possession of marijuana for personal use (following recent legislative changes)
  • The individual was a victim of human trafficking and the arrest was related to that victimization

The expungement process requires filing a petition with the appropriate court, which varies depending on where the case was handled. The Delaware State Courts provide detailed guidance on the expungement process. Upon approval, the court issues an order directing all agencies to remove the record from public access and treat the event as if it never occurred. This includes removal from both physical and electronic databases maintained by law enforcement agencies, courts, and the Delaware Criminal Justice Information System.

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