Delaware Criminal Court Records

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    Delaware criminal court records are products of criminal actions filed in the Delaware courts. These records provide a comprehensive overview of the events and activities associated with a criminal case, which may have been initiated following a person's arrest, citation, or indictment.

    By documenting every stage and outcome of these cases, the records serve to maintain public oversight of the judicial system, uphold due process, and provide evidence for appeals or post-conviction remedies, such as expungement. The Delaware Judicial Branch is responsible for maintaining and disseminating these records, in accordance with the Delaware Courts' Policy on Public Access to Judicial Records and applicable Court Rules.

    Are Criminal Court Records Public in Delaware?

    Yes. Criminal court records are open to the public per the Delaware Courts' Policy on Public Access to Judicial Records. Requesters can submit a request to inspect or obtain copies of criminal court records at any court with criminal jurisdiction (Superior, Justice of the Peace, Family, and Court of Common Pleas) in Delaware during regular work hours. However, some criminal court records are not publicly available because they are confidential. For example, expunged or sealed records, presentence investigation reports, unexecuted search warrants, and identifying information of witnesses or victims may be confidential.

    What Criminal Court Records Contain in Delaware

    Below is some information that can be found in a Delaware Criminal court record:

    • Judge's name, filing date, case type, and case status
    • The defendant's name, address, and birth year
    • The prosecuting attorney's name and address
    • The charge description and date, and the law enforcement agency's name
    • Sentence description date, start date, length, and text
    • The hearing time, date, and room
    • Judgment date description and amount

    Delaware Criminal Court Records Search

    The best place to get copies of the criminal court records in Delaware is in person at the court where the case was handled. Requesters can view criminal case records for free at public access terminals available in courthouses across the state. Interested persons must make appointments before they can access these terminals. They must contact the appropriate county court by email or phone to schedule an appointment. Those making an appointment through mail must indicate "Public Access" in the email's subject line and ensure that appointments are scheduled at least 24 hours in advance. After scheduling an appointment, the court will send a date and time and assign a terminal to conduct the court records search for the requester.

    Record seekers who want copies of criminal court records can print copies through the terminals or seek the assistance of a court staff member. Alternatively, inquirers can complete the Application for Access to Court Records form and send it to the court via email, fax, or mail. The court will charge a fee for copying criminal court records. Plain copies cost 25 cents per page, while certified copies cost $7 per document.

    Free Access to Criminal Court Records in Delaware

    Free access to criminal court records in Delaware is available only through public access terminals located in the state's courthouses. To use a terminal, requesters must schedule an appointment with the court handling the case by phone or email, as explained above. Although courthouse public terminals allow users to browse information for free, there are limitations to this access. Older cases may not be available, and supporting exhibits or certified copies typically require payment. Individuals who cannot afford court fees can ask for a fee waiver.

    Sealing and Expungement of Criminal Court Records in Delaware

    In Delaware, the terms "expungement" and "sealing" refer to distinct processes. Expungement erases a criminal record from public view and official files, allowing the petitioner to state that the charge never occurred, except in limited situations, such as on law enforcement job applications. Sealing only hides the record from the public, but courts and law enforcement agencies can still access it.

    How to Seal Criminal Court Records in Delaware

    Delaware mainly uses expungement for adult records and reserves sealing mostly for juvenile cases or specific court matters. Individuals who believe their cases (or a particular record) qualify for sealing can apply to the court that holds the record. The application requirements and process will depend on the record to be sealed. Consulting an experienced attorney or the court clerk on the steps is often advised.

    How to Expunge a Criminal Record in Delaware

    In Delaware, expungement is the destruction, segregation, or sealing of all law enforcement agency and court records relating to a criminal case (Delaware Code §4372(c)(4)). There are two types of adult expungement in Delaware: Mandatory and Discretionary. The State Bureau of Identification (SBI) handles all mandatory expungements, while the Superior and Family Courts handle discretionary expungements.

    The SBI automatically expunges any criminal case eligible for mandatory expungement. However, below are the steps that must be followed for the expungement of criminal records eligible for discretionary expungement in the state:

    • Step 1: Determine Eligibility for Expungement

    Applicants should review Delaware Code, Chapter 43, Subchapter VII, to determine their eligibility for expungement. The court will not grant expungement to anyone who does not meet the state's eligibility criteria.

    • Step 2: File the Petition

    If the criminal records to be expunged were resolved in the Family Court, petitioners must submit a completed Petition for Adult Expungement form to the Family Court in the county where the case was initially handled. Those convicted outside the Family Court must file a completed Expungement Petition Form with the Superior Court in the county where the case was handled. Superior Courts charge a filing fee of $75.

    • Step 3: Serve the Attorney General

    The expungement clerk will email a copy of the petition to the Attorney General (AG). The AG has 120 days to respond to the court. A copy of this response will also be forwarded to the petitioner. If the AG objects to the petition, the petitioner has 30 days to file a response with the court. The court will email a copy of the petitioner's response to the AG.

    • Step 4: Court Review

    After receiving all responses, the clerk will send the petitioner's file to a judge for a decision. The judge will not conduct a hearing unless deemed necessary. The judge will enter a decision based on the petitioner's position/case and AG's response. However, if the judge decides to set a hearing, the court will mail a notice to the petitioner that contains the hearing date and time.

    • Step 5: Issuance of an Expungement Order

    If the petition passes review, the judge will sign an Expungement Order Granting Form. The expungement clerk will mail a certified copy of the order to the petitioner, their attorney, the SBI, and the AG.

    For juvenile record expungement procedures, one can access the judiciary's guide.

    Criminal Records in Delaware vs Court Records

    In Delaware, criminal and court records are related but different documents. State law enforcement agencies maintain criminal records, which provide a comprehensive history of an individual's past, including arrests, charges, convictions, and punishments. The Delaware Judicial Branch maintains criminal court records, which contain detailed information from specific prosecutions, including filings, hearings, and decisions. In essence, criminal records provide a summary of a person's dealings with the justice system, whereas court records detail a case proceeding.

    Requesting a Delaware Criminal History Record

    The State Bureau of Identification, a division of the Delaware State Police (DSP), maintains official criminal history records in Delaware. Individuals can acquire a copy of their own records by filling out an application and getting fingerprinted by the SBI or its authorized vendor. However, access to another person's criminal records is restricted by state law, except in specific instances mentioned by law. This allows for the protection of sensitive personal information while allowing people to see and verify their own Delaware criminal records.

    How to Request a Delaware State Background Check

    Individuals can conduct Delaware state background checks through the State Bureau of Identification. State background checks cost $72, while state and federal background checks cost $85.

    Applicants must schedule a fingerprinting appointment at the Delaware State Police site or partner locations. They must initiate the process by providing a service code "27RVGT" on the vendor's website homepage. After that, they will be redirected to a page where they can make and manage their appointments and locate fingerprinting centers closest to them.

    Individuals who cannot visit the listed fingerprinting locations can mail in a completed fingerprint card. The service code for obtaining a fingerprint card is "1111G2." Applicants must input the code on the third-party vendor's website homepage. Mail requests are unsuitable for urgent requests because the SBI clearly states that such a method comes with significant delays. Obtaining a fingerprint card costs $30.

    Active vs Archived Criminal Cases in Delaware

    Active criminal court cases in Delaware are ongoing legal proceedings that can be accessed through public access terminals in the courthouse. Conversely, archived criminal cases are older cases stored in off-site locations or at the Delaware Public Archives.