Delaware Class B Misdemeanors

Class B misdemeanors in Delaware are criminal offenses punishable by up to 6 months' incarceration or a fine of up to $1,150. Misdemeanors may also fall into class A and unclassified under the Delaware criminal code. Generally, misdemeanors are less serious than felonies, which are categorized as the most serious offenses under state law and carry longer jail terms and higher fines.

Offense classifications exist mainly for the purpose of sentencing and are worth knowing for a better understanding of potential penalties, their meanings, and legal implications, and associated judicial processes. During court proceedings, case-related information and documents related to misdemeanor cases are filed and maintained as Delaware criminal court records.

Common Examples of Class B Misdemeanors in Delaware

Subchapters I through VII of Delaware Laws Title 11, Chapter 5 (11 Del. Laws, c. 5) set forth the classification of various offenses. Below are typical class B misdemeanor offenses as defined in this chapter.

• Vehicular assault in the third degree
• Malicious interference with emergency communications
• Unlawful trade in dog or cat by-product in the second degree
• Unlawful use of an unmanned aircraft system
• Lewdness
• Prostitution
• Unlawful dealing with knuckles-combination knife/martial arts throwing star
• Certain instances of unsafe storage of a firearm in a vehicle
• Certain instances of possession of a weapon in a safe recreation zone
• Possession of graffiti implements
• Trespassing with intent to peep or peer into the window or door of another
• Unlawful operation of a recording device
• Debt adjusting
• Ticket scalping
• Issuing abortion articles
• Crimes against a vulnerable adult where the underlying offense is a class B misdemeanor
• Unlawful dealing with a child
• Criminal nonsupport
• Non-consensual tattooing, branding, or body piercing of a minor
• Tongue splitting in the second degree

Statute of Limitations for Class B Misdemeanors in Delaware

Delaware law imposes a 2-year statute of limitations on class B misdemeanors (11 Del. law, c. 2 § 205). A statute of limitations (officially referred to as a time limitation under Delaware law) is the period immediately following the commission of a crime within which prosecution for the said crime is possible. In some cases, the statute of limitations can be paused or extended by 3 years.

For class B misdemeanor offenses, the statute of limitations does not run during any:

• Period when the accused is a fugitive from justice resulting from failure to attend any scheduled court hearing or proceeding related to the offense at hand;
• Time when the identity or whereabouts within or outside the state is unknown;
• Time when there is a pending prosecution against the accused for the offense in question.

The table below summarizes the applicable statute of limitations under various circumstances:

Legal Penalties for Class B Misdemeanors in Delaware

Depending on the case and subject to the court’s discretion, the sentence for a single misdemeanor may include multiple penalties, such as incarceration and a fine. Per 11 Del. Law, c. 42 § 4206, class B misdemeanors carry various potential penalties, including but not limited to:

• Up to 6 months of incarceration in the Department of Corrections
• Fine up to $1,150 ($50,000 to $75,000 for organizations)
• Restitution
• Supervised probation
• Intensive supervision or community service
• Partial confinement to a restitution center or a residential treatment facility

For persons who have been involved with the criminal justice system, the consequences of an offense extend beyond the legal penalties. The social and personal consequences of a conviction may last long after the requirements of a sentence have been fulfilled. For instance, employers, landlords, and other agencies may discriminate against people with a conviction on their criminal records.

Court Process for Class B Misdemeanors in Delaware

The court of common pleas has jurisdiction to handle most misdemeanor trials. Processes differ for different cases based on the circumstances associated with a case. However, the judicial procedure typically includes the following stages:

• Arrest: At this point, a suspect is taken into police custody with or without a warrant. However, this is usually preceded by the commission of the offense and sometimes, an investigation to determine if an alleged crime has been committed.
• Initial appearance and bail: A person’s initial court appearance is officially referred to as an arraignment. At the arraignment, the defendant is identified, informed of the charges against them, advised of their constitutional rights, and allowed to enter a plea. If the offense is bailable, the court shall notify the defendant of the terms of release.
• Preliminary hearing or examination: At this hearing, the court will determine whether or not there is probable cause that establishes the defendant’s involvement in the commission of the crime in question. Possible dispositions from the preliminary hearing are nolle prosequi, stay of proceedings, diversion, plea bargain, or diversion. Charges may also be dismissed at this stage.
• Plea bargains: This can be made at any stage of the proceeding, and the court reserves the right to adhere to or not to adhere to the conditions of any plea agreement. Usually, plea negotiations allow the defendant to plead guilty to a lesser offense in exchange for their cooperation.
• Pretrial stage: This consists mainly of discovery and motions, which may be granted or denied. If the case passes this stage, it proceeds to trial.
• Trial: A misdemeanor trial may be a jury trial or a bench trial. At trial, opening statements are presented by the case parties, as well as other case-related submissions, such as evidence, exhibits, prosecution rests, the defense’s case, rebuttal by the prosecution, and closing arguments. This is typically followed by the jury charge, deliberation, and the verdict.
• Sentencing: After the jury has arrived at a verdict, it may conduct a pre-sentence investigation or announce the sentence. Either party may request a higher court to examine the court’s procedure or review its decision if they so decide.

How Class B Misdemeanors Affect Your Criminal Record in Delaware

According to 11 Del. Laws, c. 43 § 4371, all kinds of criminal records are a limitation on a person’s present and future ability to obtain housing, employment, loans, or education, especially because landlords, employers, lenders, and academic institutions typically review applicants' and potential employees’ criminal history records. In some cases, state law necessitates background checks for employees, volunteers, and contractors of certain agencies, e.g., Department of Health and Social Services (29 Del. Laws, c. 79 § 7998).

Moreover, records stay on file indefinitely, unless expunged. Nevertheless, many class B misdemeanor convictions can be expunged after 5 years. To improve one’s chances of securing opportunities, persons with a criminal conviction are advised to review the state’s eligibility requirements and apply for an expungement. People ineligible for a mandatory expungement may qualify for a discretionary expungement, so it might help to check thoroughly or contact the state police or courthouse for inquiries.

Differences Between Class B Misdemeanors and Other Offenses in Delaware

The main difference between class B misdemeanors and other classes of misdemeanors is the severity of the potential penalties, specifically the associated fines, the length of the sentence, and the facility where the offender is incarcerated.

Aside from misdemeanors, Delaware law categorizes offenses as felonies (more severe) and violations (least severe). In addition to the lettered classifications of felonies and misdemeanors, state law also categorizes certain offenses as “unclassified”. The table below highlights the differences between different classes of offenses in Delaware:

How to Check for Class B Misdemeanors in Delaware Court Records

• Visit the local courthouse: The first option when looking for a particular class B misdemeanor record should be the local courthouse where the case was tried. This method may require search or copy fees. In addition, requesters will have to adhere to court visitation guidelines and schedules. Also, bear in mind that some requests may take several days to process, and access rules and procedures to view class B misdemeanor records vary by jurisdiction and are subject to local court rules.
• Search online: The CourtConnect portal provided by the state’s judicial branch offers record seekers an easier and faster alternative. Interested parties may search for records remotely using an internet-connected mobile phone or desktop. Both methods described in this section require that a record seeker possess the full name of the defendant. If known, additional information that can enhance a request is the case number, the defendant’s date of birth, and a filing date range.

Can a Class B Misdemeanor Be Expunged or Sealed in Delaware?

Yes. According to 11 Del. Laws, c. 43, a misdemeanor record can be cleared through mandatory (if the verdict was in favor of the defendant) or discretionary (if the defendant was convicted) expungement, provided the petitioner is eligible.

To be eligible for an expungement under Delaware law, at least 5 years must have passed since the date of the conviction or release from incarceration, whichever occurs later. In addition, the defendant must have:

• Completed the term of incarceration, probation, or parole
• No pending charges
• Not received an expungement of a prior conviction within the previous 10 years
• No owed fines or restitution related to the conviction.

Unless a person received an unconditional pardon, offenses like second-degree vehicular assault and unlawful dealing with a child cannot be expunged. To be eligible for a mandatory expungement, the case must have been terminated in favor of the defendant, implying that any of the following must have happened: nolle prosequi being entered on the case, the defendant was acquitted, or the charges were dismissed.

When a record is expunged, it is segregated, destroyed, or placed in the custody of the State Bureau of Investigation unless authorized by law or court order. Applications for mandatory expungement are handled by the State Bureau of Identification (SBI), while those for discretionary expungement are handled by the superior court or family court where the case was heard.