New Castle County Arrest Records

New Castle County arrest records are official documents generated by law enforcement agencies providing information about an arrest. They typically contain details of the alleged crime committed, personal information about the arrested person, the arresting agency, the booking number, and the location of the arrest. Law enforcement agents make arrests if they have probable cause that a person has committed, is committing, or intends to commit a crime.

The New Castle County Police and other police departments operating in the county are tasked with making arrests. Arrestees remanded in prison can be taken to one of the three correctional centers in the county: the Baylor Women’s Correctional Institution, the James T. Vaughn Correctional Center, and the Plummer Community Corrections Center. New Castle County arrest records can also be found in other records, such as inmate records and New Castle County court records.

Arrests can be made in New Castle County with or without warrants, and the persons arrested can be detained without charges for some time. They are initially kept at the New Castle County Jail until they appear in court or are released.

Are Arrest Records Public in New Castle County?

Arrest records in New Castle County are mostly accessible to the public. Per the Delaware Freedom of Information Act, anyone can request and obtain most arrest records from designated record custodians. Record custodians are government agencies that maintain these records at local, state, or federal levels. The Delaware State Bureau of Identification (SBI) is the official custodian of Delaware and New Castle County arrest records. However, certain types of information may be exempt from public disclosure to protect privacy and ensure the integrity of ongoing investigations. This includes:

• Information that can compromise active investigations or the safety of individuals involved
• Juvenile records
• Indictments (against a person who is not in jail)
• Pre-parole Reports and a Parolee Database
• Expunged records
• Sensitive personal information, including social security numbers, medical and mental health information, and driver’s license number

What Do Public Arrest Records Contain?

Typical New Castle County arrest records contain the following information:

• The arrested person’s personal information, including full name, date of birth, weight, height, eye color, race, address, and gender
• Booking number
• Arresting agency
• Booking date
• Arrest charges
• Location of arrest
• Date of arrest
• Arrest warrants
• Arrestee’s mugshot

New Castle County Crime Rate

The 2018-2022 Crime in Delaware Report showed that there were 36,929 serious crimes in New Castle County, a decline of 3.8% from 2021 and 12.4% from 2018. Serious crimes in the county include violent crimes, drug offenses, serious property crimes, and other social offenses. According to the report, the most popular crimes in the county were larceny/theft, vandalism, assault, fraud, weapon violations, and drug offenses.

New Castle County Arrest Statistics

In 2022, according to the 2018-2022 Crime in Delaware Report, there were 9,535 serious crime arrests in New Castle County, out of which 882 were juvenile arrests and 8,653 were adult arrests. The total number of serious crime arrests for 2022 was a 1.08% decrease from 2021 and a 15.8% decrease from 2018. There were 4,484 violent crime arrests, 1,720 property crime arrests, and 1,775 drug offenses arrests.

Find New Castle County Arrest Records

Inmate records are public documents that provide arrest information, such as the arrestee's name, charges, and bond details. Interested persons can find New Castle County arrest information under inmate records from correctional facilities in the county/state. However, New Castle County and Delaware do not have online resources for searching inmate records in the county. The Delaware Department of Corrections directs record seekers to use third-party websites to search for inmate records. Alternatively, the Federal Bureau of Prisons-operated BOP Inmate Locator can be used to find information about inmates incarcerated in federal prisons.

Free Arrest Record Search in New Castle County

Individuals interested in obtaining free New Castle County arrest records can use the BOP Inmate Locator. They can also find free arrest records from the county on third-party websites. Such sites offer access to arrest information from criminal records, inmate records, and court documents. Unlike official websites, third-party search sites may not contain accurate data.

Get New Castle County Criminal Records

New Castle County criminal records are official documents that provide a comprehensive history of a person's criminal activities within the county. These records, sometimes referred to as “criminal history” or “rap sheets,” are different from arrest records or court records. They include information on arrests, charges, pleadings, convictions, and sentences. New Castle County criminal records are generated by law enforcement agencies such as the New Castle County Sheriff’s Office, New Castle County Police, and the Delaware State Police.

In Delaware, the State Bureau of Identification maintains criminal records for all the counties, including New Castle County. Employers, landlords, and eligible individuals can request New Castle County criminal records from the SBI by mail or in person at:

New Castle County Office
Delaware State Police Troop 2
100 LaGrange Avenue
Newark, DE 19702
Phone: (302) 739-2528

There is a charge of $52 for each certified New Castle County criminal history record and $65 if the search is for both federal and state criminal history records. Payment can be made via checks, certified checks, credit/debit cards, or money orders made payable to the Delaware State Police.

New Castle County Arrest Records Vs. Criminal Records

Although arrest records and criminal records are often used interchangeably, they convey different information and serve different purposes. In New Castle County, arrest records are a subset of an individual’s criminal records. An arrest record contains basic information about a person’s arrest, such as alleged crime, date of arrest, location of arrest, the facility in which they are held, the arresting agency, and the arrested person’s personal information. Criminal records contain arrest information, court proceedings, convictions, sentencing, and incarceration details.

A criminal record is a more comprehensive record showing the full criminal history of an individual and is useful for background checks in housing, employment, or business relationships. Lastly, arrest records are created after an arrest, while criminal records are created after a conviction in a court. If a criminal case does not result in a conviction, the associated arrest records may be expunged in New Castle County.

How Long Do Arrests Stay on Your Record?

In New Castle County, arrest records will remain on record unless the criminal record is expunged. The Delaware State Agency For General Record Retention Schedule prescribes that criminal history record information, including arrest records, must be maintained for at least 5 years except where expunged. Criminal records are expunged mandatorily by the State Bureau of Identification (SBI) or by court orders.

Expunge New Castle County Arrest Records

According to Delaware Code Title 11 Subsection 4371, expungement of records protects individuals in New Castle County from continued unwarranted damages due to the indefinite existence of their criminal history. Expungement of records refers to the complete removal of all criminal records of an individual in a specific case where expungement has been granted. There are two types of expungement in New Castle County: discretionary expungement and mandatory expungement.

Mandatory Expungement

In New Castle County, mandatory expungement is handled by the State Bureau of Identification, and a person interested in expunging their arrest record must apply to the SBI for expungement. An applicant must meet any of the following conditions for their records to be expunged:

• The case for which the arrest was made was terminated in their favor
• A minimum of 3 years have passed after being convicted of a violation
• A minimum of 5 years have passed after being convicted of a misdemeanor and without any other convictions
• A minimum of 5 years have passed after being convicted of drug possession, and there are no other convictions
• A minimum of 10 years have passed after conviction of specific felony cases, including forgery in the second degree, maintaining a drug property, miscellaneous drug crimes, unlawful use of payment card, and illegal dealing in a purported controlled substance or in a counterfeit

The SBI will review an expungement application and determine if the applicant qualifies for mandatory expungement. A successful applicant must return the completed paperwork to the SBI within 30 days with a money order of $75 made payable to the Delaware State Police. If the application is rejected, the applicant is provided with the details for applying for discretionary expungement.

Furthermore, following the passage of the Delaware Clean Slate Act in 2021, all mandatory expungements in New Castle County are eligible for automatic expungement. Hence, the State Bureau of Identification, from August 1, 2024, must identify cases due for mandatory expungement and initiate the process of automatically expunging them. However, this process is gradual, and there is no way for an individual to know when their record has been expunged. Thus, the law still allows eligible persons in New Castle County to request mandatory expungement if they so desire.

Discretionary Expungement

This type of expungement is at the discretion of the court to grant or deny. The petition must be initiated by the arrest record owner. An applicant for arrest record discretionary expungement must meet the following conditions to be eligible:

• A minimum of 3 years have passed after being convicted of a misdemeanor, except where the crime involves domestic violence, sexual harassment, crime where the victim is a minor or vulnerable adult, organized retail crime, and other crimes listed under Delaware Code Title 11 Section 4373(b)
• A minimum of 7 years have passed after being convicted of a misdemeanor listed under Delaware Code Title 11 Section 4373(b), and there are no other convictions
• A minimum of 7 years have passed after being convicted of a felony aside from those listed under Delaware Code Title 11 Section 4374(b), and there are no other convictions

An eligible applicant must petition the New Castle County Superior Court or the New Castle County Family Court for an expungement of their criminal record and serve the Delaware Attorney General a copy of the petition. The petitioner must attach a copy of their criminal history to the petition for it to be processed. The Attorney General has up to 120 days to answer/object to the petition, and the applicant must file a response within 30 days. The court will consider both positions and then give a verdict. If the court grants the record expungement petition, it will mandate all relevant record custodians to expunge the petitioner’s arrest records, and there will be no reference to said record. If the court denies the petition, the petitioner can appeal or file another petition at a later date.

New Castle County Arrest Warrants

In New Castle County, arrest warrants are legal documents issued by a magistrate or judge authorizing law enforcement officers to arrest and detain an individual. Arrest warrants in the county are issued based on probable cause, as the law enforcement officer must show a reasonable basis for believing that a person has committed a crime. They are also issued when a person violates the terms of their probation or fails to appear in court. A New Castle County arrest warrant typically contains the following:

• Warrant number
• The name and description of the person to be arrested
• The date of birth of the person to be arrested
• The court that issued the warrant
• A description of the alleged crime or reason for the arrest
• The date the warrant was issued and the signature of the issuing judge

New Castle County Arrest Warrant Search

Interested persons can find New Castle County arrest warrants via the Delaware Criminal Justice Information System Online Wanted Person Review portal. The portal provides warrants issued by all courts in the state, including those from the county. Record seekers can also visit the New Castle County Police Department to search for active arrest warrants.

Do New Castle County Arrest Warrants Expire?

In New Castle County, arrest warrants generally do not expire. An arrest warrant remains active until the person named on it is taken into custody or the court recalls it.