Delaware Criminal Records

Delaware Criminal Records (also called a rap sheet) show in detail and officially what crimes a person has committed in the state. This record comprises information from courts, the prison system, and other local and state departments. It has data about arrests, types of convictions, and prison time.

These documents in Delaware are public under the State Freedom of Information Act (FOIA) unless restrained by court order or statute.

Even though each county has its own rules about collecting and storing criminal records, most of them are in a central database that the Delaware State Police run.

A criminal record in Delaware will explicitly give you the following information:

• Convict's personal information (name, birth date, etc.)
• Mugshot or photograph
• Fingerprints
• Past and current addresses
• Previous arrest records
• Past and current warrants
• Sex offender status
• The arresting agency, such as police, sheriff, or state police

The Delaware Criminal Records will specify what type of offenses an individual has committed, and mostly these are:

Felonies

A felony in Delaware is any crime that can get you more than one year and up to life in prison. Someone with a state felony record has violated the following:

Class A Felonies

Class A felonies can get you anywhere from 15 years to life imprisonment. Some examples are murder in the first or second degree and first-degree rape.

Class B Felonies

Under this class, felonies are punishable by up to 2 to 25 years imprisonment. Examples include:

• Assault in the first degree
• Manslaughter
• Abduction in the first degree
• Theft over $100,000

Class C Felonies

These felonies have a maximum sentence of 15 years. Some examples are:

• First-degree vehicular homicide
• First-degree arson
• Fourth-degree rape
• Seventh or subsequent DWI

Class D Felonies

Eight years is the maximum penalty for class D felonies. Most common felonies under this class include:

• Drug selling
• Strangling
• Second-degree robbery
• Burglary

Class E Felonies

Class E felonies can get you up to five years in prison. Some examples are:

• Illegally owning a gun
• Stealing someone else's identity
• Cheating the health care system
• Committing computer crimes

Class F Felonies

The maximum term for a Class F felony is three years in prison. Examples of such crimes include:

• Rioting
• Stalking
• Terroristic threats
• Gang membership
• Animal abuse
• Weapon theft

Class G Felonies

Two years is the maximum possible penalty for Class G felonies. The typical class G felonies include:

• Second-degree child abuse
• Resisting arrest with force or violence
• Aggravated harassment

How long are Delaware's felony records kept? Felony records in Delaware are permanent unless you qualify for the state expungement.

Misdemeanors

The two primary classifications of misdemeanors in Delaware are Class A and Class B misdemeanors. Those crimes that do not indicate a degree of offense are unclassified misdemeanors. Here are the details if you commit a misdemeanor record in Delaware:

Class A Misdemeanor

Class A is the most severe type of misdemeanor in Delaware. It can get you up to a year in jail and a fine of $2,300. Some examples are:

• Third-degree assault
• Breaking a protective order against domestic violence
• Using a car without permission (joyriding)
• Breaking into a house without permission
• Stealing less than $1,500
• Touching someone offensively

Class B Misdemeanor

Class B misdemeanors carry six months in prison and a $1,150 fine. Examples include:

• Prostitution
• Drug paraphernalia possession
• Ticket scalping
• Lewdness

Unclassified Misdemeanors

Delaware unclassified misdemeanor is punishable by up to 30 days in jail and $575, or by the punishment stipulated by law. Examples include:

• Unruly behavior
• Public drunkenness
• Marijuana possession (over personal use)
• Underage gambling

Under the 2019 Delaware law, one or more misdemeanors or a combination of misdemeanors and violations related to the same case are eligible for expungement five years after the date of conviction if the person has no previous or future convictions.

Criminal Driving Violations

In Delaware, being charged with a traffic or moving violation can be a lot of trouble. If you are guilty of a driving-related crime, you might have to pay penalties, fees, fines, lose your driving privileges, or pay more for car insurance.

There are two types of records for traffic violations in Delaware, and these are:

Non-incarcerable offense

The first group is crimes that can't get you locked up in jail. Moving violations, like speeding, are an example of a crime that does not lead to jail time.

Incarcerable offenses

On the other hand, incarcerable offenses are violations that carry a jail penalty. Some examples include vehicular manslaughter and second or third DUI.

The most common types of Delaware criminal driving records are:

• Speeding
• Driving with a suspended or revoked license
• Drunk driving
• Reckless driving
• Driving without insurance (DWI)
• Vehicular manslaughter
• Fraudulent use of license
• Hit & run accidents

How long do traffic violations remain on your record in Delaware? Your driving violation's length of time on your history depends on its type and severity. Delaware traffic offenses stay on your driving record for at least two years.

Those that aren't too severe and only cost a few points can remain on a driver's record for a year. Meanwhile, DWI offenses stay on your record with the Division of Motor Vehicles for five years.

Sexual Offenses

Delaware's sexual offense records mostly fall into three categories, and these are:

Sexual Assault

Sexual assault applies to unwanted or inappropriate sexual contact. In Delaware, these can be under:

• Unlawful first-degree sexual contact (a class D felony)
• Unlawful second-degree sexual contact (a class F felony)
• Unlawful third-degree sexual contact (a class A misdemeanor)

Rape

Delaware has four different degrees (first to fourth) of rape, each based on the crime's circumstances.

The most severe rape crime is first-degree rape, a class A felony, while the least serious rape is fourth-degree rape, a class C felony.

Sexual Extortion

In Delaware, it is also against the law to force someone to do something sexually. In other words, A person breaches the law by enticing someone to undertake a sexual act (touch, penetration, or intercourse) and creating fear in the victim that the defendant will:

• Physically hurt someone
• Cause property damage
• Engage in other illegal acts
• Condemn someone of a crime
• Expose a secret to expose someone to scorn, contempt, or ridicule
• Falsely testify or suppress testimony
• Perform any act to damage a person's health, reputation, business, career, safety, financial status, or personal relationships

Depending on the nature of their offense, Delaware sex offenders need to register for life. Tier 1 offenders must register for a minimum of 15 years, while 25 years for Tier 2 offenders. As part of the registration procedure, sexual offenders must disclose a variety of information to law enforcement, including their:

• Name/s
• Online identifiers, including email addresses
• Social security number
• Passport copy
• Residential address
• Employer's address and contact information
• Vehicle information (make, model, color, and license plate number)
• Birth date
• Mobile number

The Delaware Sex Offender Central Registry is where anyone can look up information about sex offenders in the state. It is kept up-to-date by the Delaware State Police and is available to most of the public. Residents can use a name search or a search by neighborhood to find sex offenders.

Delaware law lets people remove several kinds of criminal records by filing either a mandatory or a discretionary expungement petition.

Who is eligible for expungement in Delaware? In Delaware, eligibility for expungement depends on meeting several requirements.

A person must not have ongoing criminal charges, be detained or under correctional supervision (such as probation), or owe fines, fees, or reparations. Also, you cannot file for a second felony expungement if you have already obtained one.

Mandatory Expungement

In certain situations, expungement is mandatory, and no court application is necessary for Delaware. Instead, the State Bureau of Identification (SBI) is in charge of this process.

Individuals are eligible for mandatory expungement if they meet one of the following conditions:

Case Dismissed

If the court dismissed a person's violation, misdemeanor, or felony case, they qualify for this expungement.

Eligible Convictions for Felony, Misdemeanor, and Violation

The following convictions are eligible for mandatory expungement when the necessary waiting time has passed:

• A person convicted of a felony for having drugs will be qualified five years after being convicted.
• Defendants guilty of one or more misdemeanors or violations in the same case and haven't been in any convictions in the last five years are eligible.
• After ten years of their convictions or release from prison, the following felonies are eligible:
• Drug-related misdemeanors
• Counterfeit or fake restricted substance trade
• Preserving drugs
• Burglaries
• Second-degree forgery
• Payment card fraud

Also, possession of marijuana or drug paraphernalia and possession or consumption of alcohol by a minor may be eligible for mandatory expungement.

Discretionary Expungement

You can petition the court for discretionary expungement if:

• Convicted of one or more crimes stemming from the same case (you must wait three years after your conviction or release)
• Convicted of one or more misdemeanors from the same incident (you must wait seven years)
• Convicted of a single felony that does not include bodily or sexual assault (you must wait seven years)

How Can You File for an Expungement in Delaware?

To petition for expungement in Delaware, a person must first obtain a copy of their criminal record from the Delaware State Police.

They should contact the SBI and seek a mandatory expungement for mandatory expungements. If qualified, SBI will send you a letter with additional instructions and costs. Others will have to seek a discretionary expungement via the court system by completing an expungement package and submitting it with a filing fee to the court.

You can also visit the Delaware courts website for the latest expungement instructions.

About 3,500 people are in jail or prison in Delaware. These inmate records can tell you about people currently locked up in the state.

The Delaware Department of Corrections (DOC) is in charge of keeping prisoners in jails. You can also ask local law enforcement agencies to search for an inmate. The DOC's Central Offender Records Unit keeps the information about current and former inmates in levels 4 and 5 correctional facilities updated.

The information that is on an inmate's record varies. But in Delaware, the records usually have the following:

• Inmate's name, birth date, and gender
• Inmate location
• Inmate registration number
• Mugshot
• Custody status
• Jail transfer information

Delaware arrest records include persons taken into custody from any place and transported to a law enforcement agency's office or facilities.

A warrant is necessary before the police can perform the arrest and booking. A Delaware court requires officers to prove probable cause that the suspect committed a crime before they issue a warrant of arrest.

a Delaware arrest warrant is a legal order that tells the police to go and arrest a person who has been named, described, or said to be wanted. When it is legal for a peace officer to arrest a person for a violation without a warrant, the officer may give the person a written summons.

When people look at criminal records from the SBI, they can access these arrest records at the state level. At the county level, anybody interested can conduct an arrest search at the police or sheriff's office. These agencies don't give free arrest records, but a requester may inquire about charge waivers.

In Delaware, arrest records include the following details:

• Personal information of the arrestee
• Details regarding the arrests
• Any associated charges and convictions

Most Delaware official criminal records are for Criminal History Background Checks. The companies that wish to investigate a prospective employee's history initiate this search through the State Bureau of Identification (SBI).

The SBI takes care of background check requests in Delaware. However, it only gives certified criminal history reports to people who ask for them through fingerprint cards, not name searches.

This measure protects the privacy of everyone. Because fingerprints are necessary to begin a background check, a person may consent to obtain one. No one's criminal history is open to anybody without their knowledge in this state.

To look up a person's criminal record, you must give the person's fingerprint card. The requested person must also show a valid photo ID, like a driver's license.

The SBI collects $52 for a person's criminal history check and does not have a free public review of a person's criminal history. You can pay with cash, money orders, debit or credit cards, or certified checks made out to the Delaware State Police.