Find Delaware Arrests & Criminal Records for Free: All DE Counties

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Free Delaware Arrest Records & Criminal Records Search

Access Delaware Records: background checks, warrants, probation and parole, court records, and all criminal and arrest records.

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Find Delaware criminal and arrest records for free and with ease by following the guide below or searching their first and last name using online resources.

This free guide provides tools and information so citizens can check if someone they know, love or work with has a criminal history, has been arrested and more. This information is made publicly accessible due to the Freedom of Information Act (FOIA), but oftentimes it’s difficult to find since the process differs for each Delaware counties.

For this reason, this article compiled government resources and databases, so looking up someone’s past or current situation is just a click away.

Additionally, readers will learn how to:

• Look up Delaware court records has a have criminal history, and how to obtain copies of criminal proceedings
• See if someone is on probation or parole in Delaware
• Expunge or seal DE criminal records (if applicable)
• Check county arrest records for inmates, mugshots and figure out the bail process
• Find and contact prisoners in state and federal penitentiaries
• Perform a Delaware background check for professional or personal reasons
• See if there are sexual predators nearby
• Navigate and interpret Delaware anti-discrimination and public records laws

Are Delaware’s Criminal & Arrest Records Available for the Public To View?

In general, Delaware criminal records and arrest records are considered public records per the state’s Freedom of Information Act, Title 29, Chapter 100 of the state code.

This means that the general public can access most Delaware records generated by law enforcement or the courts throughout the state.

There are some exceptions to what can be released per the statute to protect certain populations such as juveniles or victims.¹ These exceptions regarding criminal records include the following:

• Investigatory files where the matter is still pending or those in which a criminal complaint is never filed. This includes arrest reports where the matter is still being investigated.
• Criminal files or records that would be an invasion of privacy to individuals mentioned in the file (such as victims or witnesses). These files may be released with information about victims, witnesses, investigators (especially those undercover), informants, and investigative aids used in the case removed from the public record.
• Law enforcement intelligence gathering files.
• Juvenile records, mental health records or otherwise protected files.
• Any records sealed or expunged by the court.

The Freedom of Information Act (FOIA) provides guidance to agencies that serve as the Delaware public records repository so these agencies know what they can disclose and how they can make the matter available.

Delaware Criminal Records vs Arrest Records Searches: What Shows Up on Each?

When conducting a records search for a Delaware resident, it’s important to know the difference between arrest records and criminal records.

Arrest records in Delaware will contain the location the person is being housed, age and gender of offender, offender race and status of case or custody status. It does not include information on the charges that lead to arrest, but does include upcoming court dates. Arrest records also do not contain disposition since arrests occur prior to court hearings.²

Criminal records are much more comprehensive and Delaware requires official, certified criminal history requests be fingerprint-based searches. These records include state and national misdemeanor and felony convictions, pending charges, license revocations, child or vulnerable adult abuse, and sex offender status.

Daily arrests may be part of the record as pending court matters, but arrests in and of themselves do not typically appear on Delaware criminal records. The report also includes an FBI rap sheet or background check.³

Determine How To Find Recent Arrests & Why Someone Is in Jail in Delaware for Free

Delaware has a unified corrections system meaning the correctional facilities in the state house both pre-trial arrestees and post-trial convicted inmates in centralized facilities. When searching for an arrestee in one of these facilities, it is necessary to know the subject’s name, when that person was arrested and where they were arrested.

There are several ways to access recent arrest and jail information in Delaware. Delaware arrest records and inmate information are maintained by the local law enforcement and county jails across the state.

Follow the steps outlined below to find recent arrests and determine why someone is in jail in Delaware.

How To Find Delaware Mugshots & Jail Inmates (Arrest Records Search for All DE Counties)

Searching for recent arrest records in Delaware means understanding the state’s unified system. Because of this type of corrections system, each of the three counties in the state do not have their own jail which complicates how to find out if someone is in jail, or how to find out if someone was arrested.

The Delaware Department of Corrections maintains the facilities used to house pre- and post-trial inmates, and uses VINELink as the official, state-sanctioned method of searching for incarcerated individuals in the state. VINELink is the only state government endorsed third-party vendor to search for arrest records and can help searchers find out who’s in jail.

Mugshots can be published in adult cases in Delaware, but there is no central mugshot database for the state, so even when a search can find recent arrests the record may not include a mugshot. Juvenile mugshots can be published only if the juvenile is charged with a violent felony and release of the photo is necessary for public safety.

If an inmate’s information cannot be found on VINELink, a call to the facility may generate the needed information on whether a person is in jail or has been released.

The table below lists the four correctional facilities in the state along with a link to the prison’s website and phone number for the facility:

Correctional Institution	County Jail or Sheriff’s Office Phone Number	Shows Mugshots?
Baylor Women’s Correctional Institution	302-577-3004	X
Howard R. Young Correctional Institution	302-429-7700	X
James T. Vaughn Correctional Center	302-653-9261	X
Sussex Correctional Institution	302-856-5280	X

To search for a Delaware arrestee and find out if a loved one is in custody using VINELink do the following:

1. Navigate to the official Delaware Department of Corrections site and click on the image that says VINE
2. Once you’re on Delaware’s VINElink page, select name from the drop-down menu on the left-hand side of the screen to set the search parameters.
3. Enter the full last name and a minimum of the first two letters of the first name.
4. Check the boxes to include partial name search and photos if available.
5. Confirm the searcher is not a robot and click search.
6. Review the list of search returns to match the record with the subject of the search.

Details can be obtained by clicking record details for each search hit; however, details only show where the person is in custody and the next court date, not offense information. How to find out what someone was arrested for, or how to find out someone’s charges in jail involves calling the arresting agency to see why the person was taken into custody.

The most reliable way to find out whether someone is in jail and obtain mugshots in Delaware is by contacting the county sheriff’s office or local police department directly or checking the online databases and record’s department.

The sheriff’s office maintains records of individuals currently in custody and may provide access to mugshots and other arrest related information. For instance, to check for arrest records in New Castle County Sheriff’s Office, searchers can visit their website or contact the office to obtain details about the arrest.

When contacting the sheriff’s office, it is important to provide identifying information about the subject, such as full name, date of birth and address.

Additionally, other than contacting the sheriff’s office, court records provide details about criminal cases, thus it may also contains arrest information, however they may not include mugshots. Individuals can also consider reaching out to the county clerk’s office to find information about the arrest in Delaware counties.

How To Look Up Recent Arrests in Delaware’s City Jails

Because Delaware has a unified corrections system, there are no city jails in the state. When someone is taken into custody by municipal law enforcement, the arrestee is taken to one of the four correctional facilities in the table above.

These inmates can be found using the same steps to find county arrestees through VINELink.

If an arrested person cannot be located in VINELink, individuals can call the police department that made the arrest to locate the person. The table below lists the city municipal police departments along with contact information:

City Police Department	Address	Phone Number
Bethany Beach PD	214 Garfield Pkwy Bethany Beach, Delaware 19930	302-539-1000
Blades PD	20 W 4th St Blades, Delaware 19973	302-629 -7329
Bridgeville PD	302 Market Street Bridgeville, Delaware 19933	302-337-8302
Camden PD	1783 Friends Wy Camden, Delaware 19934	302-698-9232
Cheswold PD	691 Main St Cheswold, Delaware 19936	302-734-2202
Clayton PD	POB 1130 Clayton, Delaware 19938	302-653-8186
Dagsboro PD	33134 Main St Dagsboro, Delaware 19939	302-732-3777
Delaware City PD	407 Clinton Street Delaware City, Delaware 19706	302-836-6344
Delmar PD*	102 South Pennsylvania Avenue Delmar, Maryland 21875	410-896-3131
Dewey Beach PD	105 Rodney Avenue Dewey Beach, Delaware 19971	302-227-1110
Dover PD	400 S. Queen Street Dover, Delaware 19904	302-736-7111
Ellendale PD	300 McCaulley Avenue Ellendale, DE 19941	302-422-6727
Elsmere PD	11 Poplar Ave Elsmere, Delaware 19805	302-998-1173
Felton PD	24 E. Sewell Street Felton, DE 19943	302-284-9365
Fenwick Island PD	800 Coastal Hwy Fenwick Island, Delaware 19944	302-539-2000
Frederica PD	14 East David St Frederica Delaware 19946	302-335-5100
Georgetown PD	335 North Race Street Georgetown, Delaware 19947	302-856-6613
Greenwood PD	100 West Market St Greenwood, Delaware 19950	302-349-4822
Harrington PD	10 Mechanic St Harrington, Delaware 19952	302-398-4493
Kenton PD	284 South Main St Kenton, Delaware 19955	302-389-8270
Laurel PD	201 Mechanic St Laurel Delaware19956	302-875-2277
Lewes PD	114 East 3rd Street, Number 2 Lewes Delaware 19958	302-645-6264
Middletown PD	130 Hampden Rd Middletown Delaware 19709	302-376-9950
Milford PD	400 Northeast Front Street Milford Delaware 19963	302-422-8081
Millsboro PD	307 Main St Millsboro Delaware 19966	302-934-8171
Milton PD	101 Federal St Milton, Delaware 19968	302-684-8547
New Castle City PD	1 Municipal Blvd New Castle, Delaware 19720	302-322-9800
New Castle County PD	407 Clinton St. Delaware City, DE 19706	302-573-2800
Newark PD	220 S Main St Newark, Delaware 19711	302-366-7111
Ocean View PD	201 Central Ave, Floor #1 Ocean View, Delaware 19970	302-539-1111
Rehoboth Beach PD	229 Rehoboth Ave Rehoboth Beach, DE 19971	302-227-6181
Seaford PD	414 High St Seaford, Delaware 19973	302-629-9173
Selbyville PD	1 West Church St Selbyville, Delaware 19975	302-436-8314
Smyrna PD	325 West Glenwood Avenue Smyrna, Delaware 19977	302-653-9217
South Bethany PD	402 Evergreen Rd South Bethany, Delaware 19930	302-539-3653
Wilmington PD	300 North Walnut St Wilmington, Delaware 19801	302-576-3940
Wyoming PD	120 West Camden Wyoming Delaware 19934	302-697-2966

*City limits expand into a neighboring state

Can You Run a Statewide Public Arrest Record Search in Delaware?

The state of Delaware does not have an online directory or public portal through either the Delaware State Police or the state court system to search for arrests in the state. To conduct a statewide arrest record search, the individual must use VINELink as discussed above.

A statewide arrest search may be included in a certified criminal background check, which requires written consent of the subject if running a search on another person, fingerprinting, and paying a fee in the amount of $52 to $65 depending on the type of search.³

How To Contact an Inmate in Jail & Bail Them Out

Contacting an inmate in a Delaware facility depends on the policies set by the Delaware Department of Corrections, and can be found on the agency website. To find out how to visit or contact a loved one in jail and start the process to bail them out, do the following:

1. Go to Delaware’s Department of Corrections website.
2. Click the offender info link to see the drop-down menu and click the links to see how contact can be made such as visitations, mail or phone calls. Offenders can make calls out, but the public cannot call in, so it is important to set up a prepaid phone or prepaid video account for the inmate to contact family and friends regarding posting bail.
3. Click the link for each individual facility under the visitation tab to see when visits can occur, how to schedule a visit and any limitations.

There are four types of bail or bond in Delaware listed below.  The list below gives a brief explanation of each and how bail can be posted.

• Release on own recognizance: This simply means the judge or court officer has determined the person is not a flight risk or risk of harm to the community and can be released based on the person’s written promise to appear for the court hearing at a later date.
• Unsecured bail/bond: Similar to release on own recognizance, the defendant signs a bond agreeing to appear at a later date. If the person doesn’t appear in court, then they must pay a predetermined amount to the court.
• Secured bail/bond: The defendant (or a friend, family member or bail bondsman) secures the person’s release by posting a cash bond or property that covers the amount of bail. If the person fails to show up for court, the amount paid or property used is forfeit, meaning the court can seize the property or keep the cash amount and a new bond can be set or the person can be held without bond.
• Cash only bail: The only way to get the arrestee released is by posting cash in the amount of the bail along with a signature promising to appear at a later date. Property cannot be used to secure pretrial release when the bond states cash only.

Bail can be posted at the courthouse where the defendant’s case will be tried, meaning family and friends can go to the courthouse where the arrest was made to secure release. A bail bondsman can help if individuals are having difficulty meeting the bail requirements.

A bail bondsman is not required to get someone released from jail, but they can be very helpful. The Delaware State Courts maintains a list of approved bail bondsmen in the state on the Delaware Court’s website.

Another way to contact an arrested person in jail is through an attorney. As with bail bondsmen, an attorney is not required when trying to contact or locate an inmate, but can be very valuable in helping establish a connection, getting bail lowered or removed, and building a defense for the upcoming hearing.⁴

How To Look Up Delaware Criminal Records

The state court system maintains records of all criminal charges and the disposition in each case, and here searches can learn how to look up court records and how to search those records with links to access official state websites.

To look for Delaware criminal records through the court system it is necessary to go to the clerk of court’s office where the matter was tried or set for hearing.

Civil cases can be searched online using Delaware’s Court Connect and for criminal offenses, searchers can check in-person with the courthouse where the charges will be disposed of. To view the phone number and locations of courts that handle criminal prosecution check the:

• Superior Courts Directory
• Justice of Peace Courts Directory
• Court of Common Pleas Directory

How To Search Someone’s Criminal History Using County Court Cases in DE

Criminal court records must be searched in person at the courthouse in the prothonotary’s office. The prothonotary is called the superior clerk of court in other states and is responsible for the filing and maintaining of court records.

Each prothonotary’s office has means for the public to view criminal records except for those that are sealed, expunged or otherwise excluded from release. The Delaware Judicial Branch outlines the laws and regulations regarding release of records, and the prothonotary enforces these policies when the public searches court records.

There are three county courts in Delaware. The table below lists the county courthouse prothonotary’s address and phone number:

County Prothonotary’s Office	Address	Phone Number
Leonard L. Williams Justice Center (New Castle County)	500 N King St Wilmington, Delaware 19801	302-255-0777
Kent County Courthouse	414 Federal St Dover, Delaware 19901	302-735-1910
Sussex County Courthouse	1 The Cr, Ste 2 Georgetown, Delaware 19947	302-854-6959

Going to the courthouse is the best way to search criminal court records in Delaware, but these are not considered certified official records. They can serve as personal records for non-commercial use.

Perform a Statewide Criminal Record Search Through the Delaware State Police

The Delaware State Police, State Bureau of Investigation, is the official source for a statewide, certified criminal history report, and here is how to access records through DSP. DSP requires that anyone seeking a criminal history also submit fingerprints, and written authorization is needed to run a background check on a third-party.

There are three offices for certified copies of Delaware criminal records. The table below lists each SBI office, address and phone number:

Delaware SBI Office	Address	Phone Number
Kent County	600 South Bay Rd, Ste 1 Dover, Delaware 19901	302-739-5871
Sussex County	546 South Bedford St, Rm 202 Georgetown, Delaware 19947	302-739-2528
New Castle County	100 LaGrange Ave Newark, DE 19702	302-739-2528

Learn How To Get a Copy of Criminal Records in Delaware

If someone needs a criminal history report for employment, housing or licensure, they can learn how to obtain a copy of a statewide Delaware criminal record by doing the following:

1. Visit the Delaware State Police website.
2. Click the county name for the closest SBI office to the searcher’s location to get the address (or use the table above).
3. Read the directions on obtaining a criminal history to see if an appointment is required or if that county is accepting walk-ins, as well as the operating hours for the records center.
4. Go to the center on the date of the appointment or as a walk-in along with searcher’s identification and a signed release if the record is for someone other than the person requesting it.
5. Pay the fee for the record. A Delaware state-only record is $52 and a state and federal record is $65 as a check, money order, cash (except for Sussex County), credit/debit card, or official company check for businesses requesting the record. Costs may be slightly more for specific record checks such as long-term care providers or educators.³

Records include both felony and misdemeanor convictions and non convictions, so current arrests and charges that did not result in conviction will still appear on a background screening but will show the person was not convicted or sentenced, but is not considered a felony registry. Sentencing on a background check will also show if the disposition included probation or incarceration.

How To Determine if Someone Is on Probation or Parole in Delaware?

Probation and parole are part of the Bureau of Community Corrections in the Delaware Department of Corrections. Officers with the BCC supervise individuals placed on pre-trial diversions, direct probation, parole, and pretrial house arrest or other supervision as part of bail conditions.

Here, individuals can learn to navigate the Delaware probation and parole system.

To illustrate just how many people are on probation and parole, the following image shows the combined total of probationers and parolees in Delaware, along with their ethnicities.

As with locating someone who has been arrested in the state, finding someone supervised by the Delaware Bureau of Community Corrections means using VINELink which indicates if the person is on community supervision. To look up someone on probation in Delaware, look up anyone on parole throughout the state, or learn who is on community supervision in your area, do the following steps:

1. Go to Delaware’s VINElink page.
2. Set the search to a name based search.
3. Key in the full last name and at least the first two letters of the first name.
4. Include partial name search and photos when available.
5. Complete the confirmation that the searcher isn’t a robot.
6. Find the subject’s record in the search results and click the name to see more details.
7. The record will show if the person is in custody (in prison) or out of custody (probation or parole).⁵

This search will only show those that are currently on community supervision or incarceration. If the searcher needs a probation or parole record for a sentence that has already been completed, they will need to request a criminal history record, which will only show those items that have not been sealed or expunged.

How Do You Seal or Expunge a Criminal Record in Delaware?

Sealed or expunged cases will not show up on a Delaware criminal record check. This also means arrest records in Delaware for cases that have been expunged or sealed will not appear on the record.

Learn how to seal or expunge records in the state below.

There are two main types of expungement in Delaware: mandatory and discretionary. Mandatory expungements occur when any of the  following  three conditions happen and are handled by the state following a written request by the defendant to expunge the record:

• Person was arrested for a felony or misdemeanor and the case was terminated (dropped or otherwise) in the defendant’s favor.
• The person has been convicted on violations (infractions) related to one case and three years has passed since the successful completion of sentencing conditions. The defendant must have no prior or subsequent violations on record.
• The defendant has been convicted of one or more violations or misdemeanors in the same case and five years have passed since successful completion of the sentence. The person must also have no prior or subsequent convictions.
• Defendant was convicted of a single crime listed in Title 16, Section 4764 of the Delaware Code prior to 18 December 2015.
• Matters for mandatory expungement must fall under Titles 4, 7, 11, 16 or 23 of the Delaware Code.⁶

In these matters, the Delaware State Bureau of Investigation takes action to expunge these records upon request of the defendant. If it is determined the matter is eligible for mandatory expungement, no further action is required.⁶

The other type of expungement is a discretionary expungement which means the court rules on a petition to determine if a matter can be expunged. The process for a discretionary expungement is outlined in the steps below:

1. Navigate to the Delaware State Courts page.
2. Make sure the required time frame has passed to petition the court for an expungement. The waiting period is 3-7 years for misdemeanor convictions or release from incarceration or supervision, 7 years for felony offenses for a single felony (except those excluded from consideration for expungement) and the person has been released from incarceration or supervision with no subsequent convictions.
3. Click the link to open the petition for expungement of an adult record under the superior court section.
4. Complete and print the petition, then take the petition to a notary public and sign it in the presence of the notary. Do sign the petition until the notary is present to witness the signature and verify the identity of the person signing.
5. File the petition with the court where the matter was tried and pay the $75 filing fee. For example, if it was in Superior Court, the petition will be filed in Superior Court, but if it was the Court of Common Pleas, the petition will be filed with the prothonotary in that district.
6. The petition will be forwarded to the Attorney General’s Office. The AG can take up to 120 days to file a response. Once this is filed, the defendant has 30 days to make a rebuttal or statement.
7. The court will determine if the record constitutes manifest injustice. This simply means the court will determine if the conviction is preventing the person from obtaining employment or housing and is creating an undue hardship on the defendant. This may be done in an administrative action (no hearing) or in a hearing where the defendant will be required to appear.
8. If the expungement is granted, the notice is sent to all agencies that hold records of the incident with an order to destroy the record. This will remove it from public view and the record will not appear on a background check.

While expungement is available for many types of criminal activity, there are some charges or convictions that are ineligible for expungement. These include:

• Domestic violence related misdemeanors
• Crimes where the victim was a child or vulnerable adult
• Bribery
• Unlawful influence
• Misconduct by government agents or officials
• Perjury
• False official statements
• Tampering with or intimidating a juror
• Juror misconduct
• Criminal contempt
• Sexual assaults
• Organized criminal activity
• Violent felonies such as homicide
• Hate crimes
• Resisting arrest
• Prostitution related offenses

Pardons can be granted by the governor of the state, but a pardon does not remove the matter from the record. Individuals who receive a pardon can petition the court to expunge the record unless the conviction was for:

• Manslaughter
• Murder (1st and 2nd degree)
• Rape (1st and 2nd degree)
• Child sexual abuse

When seeking an expungement, an attorney is not required to petition the courts or SBI; however, an attorney can be a valuable resource in making sure the petitioner is eligible, fills out the forms correctly and properly presents the case for an expungement to the court.⁷

How To Find Someone in a Delaware State Prison & See Which Federal Offenders Were Transferred Elsewhere

Delaware does not have a federal prison so federal inmates may be shipped out of state. To check all federal prisons, use the Bureau of Prisons Inmate Locator.

On the other hand, Delware is home to a unified state system that includes pretrial detainees and those sentenced to prison in one of the four holding facilities in the state.

The steps to locating an offender are outlined above in the sections on how to locate someone in jail or someone on probation or parole which lists the steps to using VINELink for actively incarcerated individuals. There is not an online parolee database, instead this information is included in the listing on VINELink for community corrections in Delaware.⁸

How To Run a Delaware Warrant Search on Yourself or Someone Else

Warrants are considered public records, and it’s important to know how to run a warrant search on someone in Delaware. Follow these steps to see if you or someone in your area is wanted by the police:

1. Go to the Delaware State Police Wanted Status page.
2. Click the first link in the instructions on the page to go to the search page.
3. Enter at least the person’s last name and confirm the searcher is not a robot.
4. A warrant list will populate with individuals matching that name to an active warrant for their arrest.
5. Click select beside the name to get more details about the individual, including person’s race and gender, date of birth and why they are wanted by the police.

Information on the website may be outdated, so searchers should not rely solely on the database to provide the most current data about a person. Law enforcement encourages those with a warrant out for their arrest to review the databases and turn themselves in to resolve the matter if they are being sought.

The database can also provide information on whether one has been charged with a crime.⁹

A Summary of Background Checks in Delaware

The reasons and agencies that conduct or require background checks in Delaware vary. The table below lists the agencies that provide or require a background check to work or hold licensure in the state:

Agency That Performs or Requires Background Checks	Screening Reasons
Delaware State Police	Employment Firearms Personal Use Security Guards (Armed and Unarmed) Private Investigators Armored Car Employees Alarm/Security System Employees Bail Bondsmen
Division of Professional Regulation	Accountants Acupuncturists Medical Administrators Adult Entertainers Architects Art Therapists Athletic Trainers Audiologists Barbers Drug Therapists Chiropractors Cosmetologists Mental Health Counselors Firearms Dealers Dentists Dieticians Electricians Funeral Home Workers Genetic Counselors Home Inspectors HVAC Contractors Surveyors Landscapers Magistrates Manufactured Home Installers Marriage/Family Therapists Massage Therapists Midwives Medical Professionals Mental Health Workers Nail Technicians Nurse Aides Nutritionists Occupational Therapists Optometrists Paramedics Pharmacists Physical Therapists Pilots Plumbers Podiatrists Psychologists Real Estate Agents Respiratory Care Therapists Social Workers Speech/Language Pathologists Veterinarians
Delaware Department of Education	School Administrators Teachers Teacher Aides School Support Staff Volunteers Childcare Workers
Department of Services for Children, Youth and Families	Foster Care Parents Adoptions

Each agency has its own policies and procedures about what information can act as a disqualifying offense for that position or license. For example, a conviction for a crime that might disqualify someone from working in a school may not disqualify them for working as a HVAC installer or other profession.

A prime example of a disqualifying offense for most professions is conviction of a sex offense.

How To View the Delaware Sex Offender Registry To Check for Nearby Sexual Predators

Every state has a sex offender registry designed to keep track of convicted sex offenders and allow the public to see if there is a registered offender in their neighborhood, and this section tells how to locate and search the registry along with a link to the official registry.

To search the Delaware Sex Offender Registry, do the following:

1. Open up the Delaware Sex Offender Registry.
2. Searches can be conducted by name, neighborhood, homeless offenders, and those who are wanted for non-compliance with the court’s order.
3. To do a name-based/offender search, click the tab for offender search and enter the person’s last name (minimum) and first name. Other information that can be included to narrow the search is address of offender, workplace, and state of conviction is outside Delaware.
4. Mugshots are available on the state registry, so review the search return mugshots to make sure the record matches the search subject.
5. Clicking the “Homeless Offenders” tab shows all registered sex offenders without a permanent address.
6. Selecting wanted offenders produces a list of all those in violation.

As with all records, sex offender registry information must remain in compliance with all state laws regarding public criminal records.

Criminal & Arrest Record Laws in Delaware

Delaware became a ban the box state with the passage of House Bill 167 in 2014. This bill prohibits public employers from asking about a person’s criminal history during the application phase, and cannot make inquiries about a person’s history until after an interview has been completed.

The only exceptions are public safety positions where a criminal history would automatically disqualify someone from the position such as correctional officers or police officers.

All labor laws are outlined under Title 19 of the Delaware Code which includes guidance on use of background checks when making hiring decisions. Chapter 7 of this title further expands on the ban the box statute by stating criminal record should be weighted by the nature of the offense, how long ago it occurred and whether or not it directly relates to the job duties.¹⁰

Under Delaware Code Title 11, expunged records cannot be included in a commercial background check and cannot be used to disqualify an applicant from employment. Federal laws also prohibit commercial search sites from disclosing records that would be excluded from public view under state laws.

Delaware Code Title 29, Chapter 100 outlines what Delaware criminal records and arrest records are public and which are excluded from disclosure as part of the state’s Freedom of Information Act. Most adult records are considered eligible for public disclosure.

When looking at background check laws, it’s also important to distinguish whether the record is being used for professional reasons such as employment or housing or personal reasons such as checking the background of a dating interest. State laws outline what can and cannot be disclosed to the public, and federal laws expand on these to provide additional guidance.

Federal laws also protect individuals from unlawful use of criminal record to disqualify an applicant. The Equal Employment Opportunity Commission enforces federal anti-discrimination laws and provides guidance to employers on how to use criminal records when making hiring decisions.

Fair Credit Report Act (FCRA) limits credit and non-conviction background history to a seven year lookback period, and Delaware has adopted a similar lookback period for most positions in the state. FCRA guidelines apply to all commercial people finder websites that provide personal and professional background screening services.

State systems can be complex, but with the information in this step-by-step resource, searchers can easily locate criminal records, as well as arrest records in Delaware and use these records to make informed decisions on hiring, housing or personal life situations.