Need more information? Check out our guides to Delaware background checks and Delaware public records.

 

Delaware is a state in the Mid Atlantic region with a population of 967,171, which makes it the 46th most populated state and the 6th most densely populated. The state’s capital is Dover, and its largest city is Wilmington with a population of 71,106. Delaware has just three counties, the most populated of which is New Castle County and the least populated is Kent County. 

Crime is an issue in Delaware as the state’s 2018 violent crime rate of 4.24 per 1,000 is above the national average. The state’s most dangerous city is Dover, which has a violent crime rate of 7.97 per 1,000 and a property crime rate of 47.91 per 1,000. Accompanying the state’s elevated violent crime rate is a higher-than-average rate of arrests. 

Delaware Arrest and Crime Statistics

  • 28,742 arrests were made in Delaware in 2018, including 2,851 arrests of minors, as reported by 52 law enforcement agencies. 
  • Violent crimes accounted for 1,965 of the state’s total arrests in the year, including 33 for murder and nonnegligent manslaughter, 77 for rape, and 391 for robbery.
  • The leading identifiable cause of arrest was ‘Other assaults’, which resulted in 6,121 arrests. This category includes assaults that are not murder, rape, aggravated assault, or robbery. The 2nd leading cause of arrests was larceny-theft with 4,511
  • Drug abuse violations accounted for 3,707 arrests and driving under the influence accounted for 427 arrests. 
  • Delaware has the 3rd highest density of sex offenders in the United States, with 4.91 per 1,000.

Sources: FBI: 2018 Crime in the United States, National Center for Missing and Exploited Children

 

What is a public arrest record?

An arrest record is a report produced by a law enforcement entity after the arrest or apprehension of an individual which contains the details of the incident, the individual’s personal information, and occasionally includes additional information about the individual’s criminal record.

An arrest record is often a key document in a criminal case and may play a significant role in an ensuing trial. The arrest record may remain in the public record for a long time regardless of whether the suspect is ultimately convicted of the crime(s) for which they were initially arrested. This means that it can be accessed by the general public.  

What is included in a public arrest record?

What are the types of charges that may appear on an arrest record?

Generally, charges are classified into three main categories:

Who can access arrest records?

As in most other states, arrest records (also known as arrest reports) are public records in Delaware and can be accessed by anyone upon request to a law enforcement agency, and may come up during a routine background check. 

Other examples of Delaware public records include:

Where are physical copies of arrest records kept in Delaware?

Arrest records are typically held by the law enforcement agency responsible for the arrest, usually a local police department or county sheriff’s office. They also may be kept in the archive of a state government agency, or circuit court. However, there is no official repository for arrest records. 

Why can’t I access an arrest record in Delaware?

There are a number of reasons why you may not be able to access an arrest record. Although the Freedom of Information Act (FOIA) requires federal agencies to release arrest records and other public records, records that fall under certain exemptions can be withheld from the public.

The FOIA includes nine exemptions that allow agencies to withhold documents, such as arrest records, and not release them to the public. They are:

  1. The information is classified to protect natural security. 
  2. The information focuses on the internal rules and practices of the agency.
  3. Another federal law prohibits the release of information.
  4. The information includes confidential trade secrets and/or commercial and financial information. 
  5. The information includes privileged, confidential communicative exchanges between two agencies. 
  6. The information could pose a danger to another person’s privacy if released.
  7. The information is reserved for law enforcement purposes in a court case or an investigation or could reveal a confidential source. 
  8. The information includes confidential information about financial institution supervision. 
  9. The information includes geographical information about wells.

Additionally, some state laws limit the availability of arrest records due to the fact that they are perceived as one-sided documents that do not include the arrested person’s account of the incident. 

What is the difference between an arrest record and a criminal record?

Compared to an arrest record, a criminal record is a more thorough document that details an individual’s entire criminal history, including arrest warrants, arrests, third party complaints, convictions, and even dropped cases. 

What is the difference between an arrest record and an arrest warrant?

An arrest warrant is a document issued by a judge or magistrate that grants law enforcement the authority to arrest an individual suspected of a crime or to search and seize the individual’s property, whereas an arrest record is a document of an arrest that is only created after an arrest or apprehension has already occurred.  

In order for a judge or magistrate to issue an arrest warrant, they must conclude that there is probable cause for an arrest. Probable cause must be backed by sworn testimony or an affidavit that provides sufficient information supporting the need for an arrest. An arrest warrant must also specify one individual that should be arrested, rather than a group of individuals or a rough description of a suspect. 

How many Americans have been arrested?

While crime has steadily dropped in the United States over the past several decades, arrests have gone up, particularly for younger age groups. Typically, law enforcement makes around 10 million arrests each year. Here are some key statistics on arrests in the United States:

Sources: Federal Bureau of Investigation, RAND Corporation

How to search for Arrest Records in Delaware

How can I search for a Delaware arrest record on the internet using a background check service?

Since tracking down physical copies of arrest records can prove challenging, searching for them online is a viable option. There is a wealth of online services that allow you to search and access Delaware arrest records and other public records via numerous government agency databases in exchange for a fee. 

However, despite the fact that users must pay to obtain an arrest record from an online service, it’s nevertheless a convenient means of getting these documents. The offices of government agencies are often marred by inconsistent service and take a long time to process requests to view documents. 

Sometimes it’s worth it to pay a fee to use an online background check service, rather than endure the extended delays typical of government offices.  

Getting physical copies of public arrest records in Delaware

You can also obtain a Delaware criminal background check–including state arrest records–by official means through the Delaware State Bureau of Identification (SBI). However, individuals may only obtain a copy of their own criminal history and not a copy of another person’s criminal history. 

To get a Delaware Criminal Background Check, one must visit one of three SBI locations in the state. The locations in Sussex and New Castle County require individuals to schedule an appointment in order to receive the check. 

Visitors to the SBI office will complete and submit a Criminal History Record Check Authorization Form. Bring photo identification (a valid driver’s license or state ID) to the office and be prepared to pay a $52 fee. The fee can be paid using credit or debit cards, certified checks, company checks, money orders, or cash (except in Sussex).

The results of the check will be returned as soon as possible, but do not expect to receive them on the same day. Juveniles may also acquire a criminal history background check, but they must be accompanied by a parent or guardian to the SBI office. 

A State and Federal Background Check is also available for $65, but it must be mandated by law. 

What can I do if my arrest record has a mistake?

The Delaware Criminal History Record Check Authorization Form states that “You will be given the opportunity to complete or challenge the accuracy of the information contained in the FBI criminal history record by the official to whom you have authorized this information be disseminated.”

However, no specific information is given on the challenge process. Contact the State Bureau of Identification at (302) 739-5884 for instructions on how to proceed with a challenge. 

Delaware Courthouse and Sheriff Information by County

CountyCourthouseAddressPhoneSheriffAddressPhone
Kent CountyKent County Courthouse414 Federal St
Dover, DE 19901
(302) 735-1900Kent County Sheriff555 S Bay Rd
Dover, DE 19901
(302) 736-2161
New Castle CountyLeonard L. Williams Justice Center500 N King St
Wilmington, DE 19801
(302) 255-0000City/County Building800 N. French St., 5th Floor
Wilmington, DE 19801
(302) 395-8450
Sussex CountySussex County Courthouse1 The Circle
Georgetown, DE 19947
(302) 855-7055Sussex Correctional Institution23203 Dupont Blvd
Georgetown, DE 19947
(302) 856-5280

 

If you’re worried that someone you know or love has a criminal record and may be hiding it from you, run a quick background check online with ArrestRecords.com. Thanks to public records laws, almost all Delaware arrests, criminal and civil records are available online, as well as comprehensive background checks and secret data. You can even find Delaware marriage records, secret divorce records as well as birth and death records.

Violent Crime rate 

Property Crime rate 

Murder Crime rate 

Forcible Rape rate 

Robbery rate 

Assault rate 

Burglary rate 

Theft rate 

Motor Vehicle Theft rate