Kent County Arrest Records

Under Delaware Code Title 11 § 1901, an arrest is described as a lawful action of taking an individual into custody so they can answer for a crime they are accused of committing. Generally, a peace officer can arrest a person in Kent County if they commit a crime in their presence or if there is reasonable suspicion to believe the person has committed a crime. A peace officer can also arrest an individual if there is an active arrest warrant for the individual's apprehension.

Usually, after an arrest, the arresting officer would take the arrestee to their station or the closest jail to be booked and held in custody pending their initial hearing. An arrestee may be allowed the option to post bail and return at a future date for an initial hearing, depending on the specific charges they are facing and the overall circumstances surrounding their arrest. Subsequently, the arresting officer and their agency would prepare a report documenting the arrest. This report is commonly referred to as an arrest record, and it contains basic information about the arrest and pertinent details about incidences that occurred during the arrest.

Kent County arrest records are generated and primarily maintained by local law enforcement agencies, like the Kent County Sheriff's Office and municipal police departments. When needed, these agencies also share arrest records with other criminal justice agencies, such as local courts. In turn, these agencies include information found in arrest records in other records they generate, such as Kent County court records.

Are Arrest Records Public in Kent County?

Yes. Under the Delaware Freedom of Information Act (FOIA), Delaware citizens maintain the right to access records about public business generated by government agencies and public bodies. The provisions of Delaware's FOIA extend to arrest records. As a result, Delawareans can access arrest records generated by state and county law enforcement agencies in Delaware, including Kent County.

However, certain records are exempt from Delaware's FOIA provision. Generally, arrest records classified under these exemptions are protected and inaccessible to the general public. Some examples of records exempt from Delaware FOIA include and are not limited to the following:

• Records whose disclosure would constitute an unwarranted invasion of personal privacy
• Records concerning pending or potential litigation
• Records of juvenile offenders
• Records that are sealed or expunged per a state or federal law or court order
• Certain information that identifies victims of abuse

What Do Public Arrest Records Contain?

Record seekers can expect to find the following information in Kent County arrest records:

• The arrestee's personal information;
  • full name
  • Any known aliases they use
  • Mugshots
  • Physical description (i.e., height, weight, and eye color)
• The arrest details:
  • Date
  • Location
  • The alleged offense committed by the arrestee
  • The arresting agency's detail
• Booking details:
  • Booking date and time
  • The arresting officer and their agency's details
  • Bail information (if available)

Kent County Crime Rate

According to the Delaware Statistical Analysis Center's Crime in Delaware 2018 - 2022 report, out of 185,225 residents in 2022, Kent County had a crime rate of 82.2 for serious offenses per 1,000 persons. Compared to 2021, when Kent County's crime rate for serious offenses was recorded at 81.0, the county experienced a crime rate increase of 1.5% in 2022.

Kent County Arrest Statistics

In 2022, there were 4,601 arrests for serious offenses in Kent County per statistics reported in Delaware's Statistical Analysis Center's Crime in Delaware 2018 - 2022 report. Of the total, 4,198 were adult arrests and 403 were juvenile arrests. The most prominent types of offenses committed by arrestees in 2022 were violent offenses, which accounted for 1,566 arrests. Violent offenses include criminal homicide, human trafficking, kidnapping, abduction, sex offenses, forcible, robbery, and assault.

In 2022, Kent County experienced a 5.9% rise in arrests compared to the previous year (2021), when 4,336 arrests were reported.

Find Kent County Arrest Records

In Kent County, local law enforcement agencies are the primary custodian of arrest records. These agencies include the Kent County Sheriff's Office and nine (9) municipal police departments. These agencies are responsible for generating and maintaining arrest records for arrests conducted by their officers within their respective jurisdictions. Hence, record seekers can query local law enforcement agencies to find Kent County arrest records.

To properly direct inquiries for a Kent County arrest record, record seekers must ascertain which agency made the arrest. After identifying the agency, record seekers can contact the agency to inquire about their procedures for requesting records. Note that the record seeker must supply certain details about an arrest record, such as the arrestee's name, the arrest date, and location, to assist the agency in identifying the desired arrest. Furthermore, record seekers may need to properly identify themselves by showing their photo ID when requesting an arrest record. Most agencies accept in-person requests for arrest records. Meanwhile, agencies, like the Dover Police Department, provide a dedicated phone line ((302) 736-7130) that record seekers can call to request records. on the other hand, the Smyrna Police Department hosts certain information about arrests on their news release page.

In cases where an individual was arrested by a state or federal law enforcement agency in Kent County, record seekers can query the specific agency to find the incident's arrest record. It is worth noting that some agencies provide online resources that record seekers can use to find information about arrestees who are currently held within their facilities. For instance, interested persons can find information about individuals arrested and held by the Federal Bureau of Investigation (FBI) through the Federal Inmate Locator. Meanwhile, information about individuals within the U.S. Immigration and Customs Enforcement (ICE) custody is accessible through ICE's Online Detainee Locator System.

Free Arrest Record Search in Kent County

Interested persons may view Kent County arrest records for free at local law enforcement agencies. Record seekers can visit a local law enforcement agency during regular business hours to make an in-person FOIA request to view public arrest records. Usually, agencies only charge a fee when a copy of an arrest record is requested. This fee is used to cover the cost of making the copies. It is worth noting that few agencies provide online resources that contain information about arrests their officers conducted for free. A good example is the Smyrna Police Department's news release page.

Some third-party websites also offer free access to Kent County arrest records. On these websites, users can usually search for arrest records by a subject's name. Note that most third-party websites may allow users to access basic information about an arrest record for free. Meanwhile, more comprehensive information is usually subject to a one-time or subscription-based fee.

Get Kent County Criminal Records

Kent County criminal records are official documents produced by the local criminal justice system, including courts and law enforcement agencies, that provide specifics about a person's criminal past in the county. In Delaware, the official custodian of criminal records is the Delaware State Police (DSP). Relevant agencies in Kent County and other counties as well as state agencies report most criminal records they generate to the DSP. Hence, interested persons can get Kent County criminal records by requesting a statewide criminal history report from the DSP.

Note that criminal history reports are confidential in Delaware. Therefore, only certain eligible persons and entities can request a criminal history report from the DSP. These include the subject of the report and certain entities (for employment or license screening purposes). Furthermore, the DPS conducts criminal history background checks using fingerprints. Hence, requesters must supply their fingerprints to request a personal criminal history report. The DSP has nine (9) fingerprinting locations that individuals can visit to have their fingerprints taken. Interested persons can use the third-party link provided on the DSP Obtaining a Certified Delaware Criminal History page to schedule a fingerprint appointment at these locations. Requesters must also provide photo Identification, such as a valid driver's license or State ID (from any state) when requesting their criminal history report. Additionally, The DSP charges $72.00 for a certified State of Delaware Criminal History. For an additional $13 ($85), record seekers can request a certified State of Delaware and Federal Criminal History.

Kent County Arrest Records Vs. Criminal Records

The inherent difference between Kent County arrest records and criminal records lies in the information each record holds. Criminal records provide information about an individual's criminal history, such as arrests, convictions, and sentences. On the other hand, an arrest record details a particular incident in which a law enforcement agency took a person into custody.

How Long Do Arrests Stay on Your Record?

According to Delaware's Local Government General Records Retention Schedule, government agencies in Kent County can retain "identification records" indefinitely. These records include arrest reports, offense reports, fingerprint cards, rap sheets, missing person reports, and other supplemental materials. The Retention Schedule outlines that agencies can retain these records until the person they cover dies, is presumed dead (provided they are 85 years or older), or has no record of criminal activity within 30 years.

Expunge Kent County Arrest Records

Expunging an arrest record shields the record from the general public's view, including random inquirers, potential landlords, and prospective employers. This, in turn, protects the record's subject from unwarranted consequences and damages associated with having the record public.

Delaware's Crime and Criminal Procedure §4371 to §4378 governs the expungement process of criminal records in Delaware and Kent County. The law outlines the eligibility requirements for expungement and different expungement options. According to the statute, individuals who have pending criminal charges or are currently serving a term of incarceration, parole, or probation are ineligible for expungement. Furthermore, criminal records, including arrests and convictions, for certain offenses are ineligible for expungement. These include and are not limited to:

• Second-degree vehicular assault
• Incest
• Third-degree unlawful sexual contact
• Coercion
• Unlawful dealing with a child

Depending on the type of offense and a case's specifics, Kent County arrest records

can qualify for either automatic mandatory expungement or discretionary expungement. Arrest records in cases where an individual was arrested and charged with one or more crimes where the case was terminated in their favor are eligible for automatic mandatory expungements. Some examples of such cases include and are not limited to:

• Arrests without charges filed within a year
• Cases that result in an acquittal
• The prosecutor chooses not to pursue the case
• Dismissal of charges

Furthermore, criminal records, including arrest and conviction records, of defendants convicted of certain felonies, misdemeanors, or violations are eligible for automatic mandatory expungement. Provided that 10 years (for felonies), 5 years(for misdemeanors), or 3 years (for violations) have passed since their conviction or release date. These include:

• Possession of burglar's tools
• Miscellaneous drug crimes
• Unlawful dealing in a counterfeit or purported controlled substance
• Second-degree forgery
• Unlawful use of a payment card
• Maintaining a drug property

Note that possession of marijuana or drug paraphernalia and underage consumption or possession of alcohol may also be eligible for automatic mandatory expungement. On the other hand, individuals who do not have any prior or subsequent convictions may be eligible for discretionary expungement. There is usually a waiting period after which eligible individuals can seek discretionary expungement for their records. These wait periods and applicable offenses include:

• Misdemeanors offenses that are eligible for automatic mandatory expungement after three (3) years pass from the offender's conviction or release date
• Misdemeanors offenses that are ineligible for automatic mandatory expungement after seven(7) years pass from the offender's conviction or release date.
• Offenses (i.e. violations or misdemeanors) that are eligible for mandatory expungement but the offender has a prior or subsequent conviction after waiting five years. Provided the prior or subsequent conviction is not an ineligible offense
• A nonviolent felony after a seven-year waiting period

Automatic mandatory expungements are processed by the Delaware State Bureau of Identification (SBI). Interested persons can contact the SBI at (302) 739-5884 to request an automatic mandatory expungement. Subsequently, the SBI would send eligible requesters a letter with further instructions and the relevant fees. Meanwhile, discretionary expungements are processed by the local court that handled the case whose record is to be expunged. This can include the Kent County Superior Court or Family Court. Interested persons can contact the court to get an Expungement Packet.

It is worth noting that Delaware has a state-funded program called APEX that assists individuals with the expungement process.

Kent County Arrest Warrants

A Kent County arrest warrant is a legal document a judge or magistrate can issue that authorizes law enforcement officials to arrest an individual for an offense they allegedly committed. A judge may issue an arrest warrant per Rule 4 of Delaware Criminal Rules of Procedure if an affidavit is submitted that demonstrates sufficient probable cause to believe that an offense has been committed. Additionally, Rule 4(c) (1) requires that arrest warrants contain the following information:

• The issuing magistrate's or judge's signature
• The defendant's name or description (if their name is unknown)
• A description of the alleged offense

Kent County Arrest Warrant Search

Interested persons can find Kent County arrest warrants by querying local courthouses and law enforcement agencies, such as the County Sheriff's Office and municipal police departments. Local courts are responsible for issuing arrest warrants, while local enforcement agencies are responsible for executing warrants.

Note that there is no central repository that record seekers can use to conduct a Kent County arrest warrant search. Hence, relevant agencies must be individually queried to find information about arrest warrants they have either issued or are responsible for executing. Record seekers can contact Kent County Sheriff's Office and County courthouse can be contacted at:

Kent County Courthouse
414 Federal Street
Dover, DE 19901
Phone: (302) 735-1900

Kent County Sheriff's Office
555 Bay Road,
Dover DE 19901
Phone: (302) 736-2161
Email: sheriff@kentcountyde.gov

Do Kent County Arrest Warrants Expire?

Kent County arrest warrants do not have a definite expiration date. Generally, they remain active and enforceable until the issuing court quashes them or the individual named in them is arrested.