Sussex County Arrest Records

Under Delaware's penal laws, law enforcement officers in Sussex County can apprehend someone if they have justifiable grounds for doing so. An arrest may be made based on reliable tips from private persons or an offender's confession to the crime. Likewise, officers may obtain an arrest warrant from an issuing authority or detain an offender at the location of a criminal incident.

After an arrest, the arresting officer creates a report about the arrest and registers the suspect in the department's database. This booking process typically involves documenting the defendant's personal identifying information, physical descriptors, circumstances of arrest, and personal belongings. The details collected during the booking process form the offender's arrest record.

As the criminal case progresses, other criminal justice agencies, such as the judiciary, correctional facilities, and the Bureau of Criminal Identification, can obtain the arrest record. Consequently, such information could become part of Sussex County court records, criminal history information, inmate documents, and other public documents.

Citizens and residents generally access arrest records for different reasons. For example, the press may research a person's arrest details to generate publish-worthy stories. Licensing departments and employers may review them during background checks, and legal practitioners can retrieve the documents to check for inconsistencies in an arrest.

Regardless, until proven guilty in court, a person's arrest record does not imply they are guilty of the crime for which they were arrested.

Are Arrest Records Public in Sussex County?

Yes. Members of the society are statutorily authorized under Delaware's Freedom of Information Act to request arrest information created or retained by law enforcement departments. However, certain data is not considered public.

The FOIA classifies the following as confidential information:

• Investigative files compiled by law enforcement agencies for civil or criminal proceedings, including pretrial and presentence investigations
• Criminal history information where disclosure may cause an invasion of personal privacy. Subjects of record may acquire a copy of their criminal record upon proof of identity. However, all other criminal files are sealed to public scrutiny
• Records that disclose the names of witnesses, intelligence personnel, and any other confidential data
• Documents and information specifically exempt from public disclosure under common law or statute
• Any information relating to potential or pending litigation
• Information and documents possessed by the Delaware Department of Correction (DOC), where disclosure is sought by an inmate in the DOC's custody
• Investigative information compiled or retained by the Victims' Compensation Assistance Program
• Juvenile information

What Do Public Arrest Records Contain?

A typical Sussex County public arrest record contains vital details about a person's arrest. It includes:

• An arrestee's full name and alias(es), race, sex, and age
• The arrestee's physical descriptors, such as height, weight, tattoos/scars, colors of eyes and hair
• Arrest date, time, and location
• Circumstances of the arrest, including whether pursuit or weapons were involved
• The offense for which the arrest was made
• Warrant information
• Arresting agency and officer
• Mugshot or photograph taken during the booking process
• Bail/bond details
• Court case details, including the court date and case number

Sussex County Crime Rate

According to the State of Delaware Statistical Analysis Center, Sussex County reported 16,312 offenses in 2022. Compared to 2018, there were 1,753 fewer reported serious Group A Offenses within the county, recording a decrease of 9.7%.

Of the four crime categories noted in 2022 (violent, serious property, drug, other property/social), other property/social offenses were the most frequently reported (29.2%), followed by violent offenses (28.2%), serious property offenses (23.5%), and drug/narcotic offenses (19%).

The 2022 data report showed 61.5% of all offenses committed in 2022 cleared by year's end and a crime rate of 66.3 per 1,000 people.

As of 2022, the most prevalent offenses in Sussex County, Delaware, were assault, larceny, vandalism/property destruction, fraud, burglary, and drug/narcotics.

Sussex County Arrest Statistics

According to the Statistical Analysis Center, law enforcement agencies in Sussex County recorded 4,620 arrests in 2022. Of this number, 1,551 were arrests for violent offenses, 1,483 were for drug offenses, 933 were for serious property offenses, and 653 were other property/social offense arrests.

From 2018 to 2022 in Sussex, adult arrests decreased by 13.8%, while juvenile arrests decreased by 20.1%.

Find Sussex County Arrest Records

Various local, state, and federal law enforcement agencies serve as repositories for arrest information. Individuals can explore the following option, depending on the extent of information needed and a case's progress:

Sussex County Law Enforcement

Local law enforcement agencies are statutorily obliged to maintain details of arrests executed by their officers. Anyone wishing to view these records can visit the respective office or call the office's information line during business hours.

The Delaware Department of Correction

The Delaware Department of Correction provides an online inmate locator for members of the public to retrieve information about offenders sent to state prison. Individuals can access inmate data, including case status and the offender's location, using basic search details, such as the inmate's first and last name.

Alternatively, Delaware provides an online FOIA request form, which can be used to submit FOIA requests to different agencies, including the DOC. A fillable PDF version is also available for people to print, fill out, and submit by email to _DOCFOIARequest@delaware.gov_or mail to:

Department of Correction
Attn: Legal Services Administrator
245 McKee Road
Dover, DE, 19904

Federal Bureau of Prisons

Sometimes, federal agents from departments such as the Federal Bureau of Investigations (FBI) and Drug Enforcement Administration (DEA) can apprehend Sussex County residents for violating a federal regulation.

There are publicly accessible platforms for people to find information about a federal arrestee, including their location. An example is the Bureau of Prisons online inmate locator. One can also submit a FOIA request to a federal agency for arrest information. Generally, anyone requesting public records must submit basic information about the record, such as a name or an agency-issued ID number.

Free Arrest Record Search in Sussex County

Members of the public can access arrest information through law enforcement agencies for free. However, nominal fees may apply if one's request exceeds the required timeframe or involves copies.

As an alternative, some private companies operate third-party websites where people can view arrest record searches for free. These websites collate and compile publicly available information from different governmental repositories. Usually, researchers can run multiple searches across several US states and Delaware counties. However, users may be charged a fee to see or print comprehensive records.

Get Sussex County Criminal Records

Criminal history records or RAP sheets (Records of Arrests and Prosecutions) chronicle a person's interactions with local, state, or federal criminal justice agencies. This includes arrests, detentions, indictments, dispositions, sentencing, correctional supervision, and release. Criminal records are frequently obtainable through a background check or by requesting court records.

The Sussex Courts

One way to view criminal information in Sussex is to request court records from the local judicial system. Specifically, a request should be made to the court that handled a criminal matter, as there is no central database for such information. For example, the Sussex Superior Court provides two options for requesting criminal case information:

• Public Access Terminals: Sussex County maintains two Public Access Terminals in the Prothonotary's Office at the Sussex County Courthouse, 1 The Circle, Suite 2, Second Floor, Georgetown, DE 19947. The terminals are approximately six feet apart and are assigned a number.

Individuals who wish to use the public access terminals must make an appointment via email stating "Public Access" in the subject line. The office also provides assistance via phone at (302) 855-7399.

Once an appointment is scheduled, the court will send an email verifying the inspection date/time and assigned public access terminal. Requesters are advised to come to the court on the date with their appointment confirmation.

• Written/Oral Records Request: An individual can submit a written or oral request to the Prothonotary's office via email or phone. Such requests must provide detailed information to assist the court in locating the requested document. Then, the court will review the files for necessary redactions before contacting the requestor. Next, a date and time will be scheduled for the document to be reviewed in the Prothonotary's office.

Requests for copies of criminal records must be made in writing using the form provided on the court's website. Paper forms are also available for pick-up at the Prothonotary's office. Individuals can submit requests for physical copies in person, via email, or by mail.

Once a request is ready, the Prothonotary staff will notify the inquirer and schedule a pick-up time. However, unless other arrangements are in place, an applicable copy fee may apply at pick-up time.

The Delaware State Police

According to Del. Code § 8513, the Delaware State Bureau of Identification provides background checks to subjects of records, employers, licensing agencies, security departments, and public establishments. People often request comprehensive criminal history information for international travel, housing, schooling, and employment or to verify the accuracy of their RAP sheets.

• State and Federal Criminal History Report (For work and official purposes)

Requesters seeking criminal history information for official purposes must schedule a fingerprint appointment with the State Bureau of Identification at any of the approved nine locations during business hours. Fingerprint services are available at Wilmington, Newark, Middletown, Dover, Milford, Georgetown, and Seaford. To schedule an appointment, individuals can utilize the provided link on the State Police's Background Checks website.

Further, the Bureau provides each entity or organization requesting an employee criminal background check with a service code, which applicants must use to complete their registration process. Applicants are also liable for a $72 fee for a certified copy of their State of Delaware Criminal History record. Certified copies of the State of Delaware and Federal Criminal History records cost $85.

• Personal Criminal History Report

The service code for obtaining a certified copy of one's Delaware Personal Criminal History report is 27RVGT. This service is typically available for a record holder's personal use. It does not fulfill the requirement of a criminal history report for legal purposes. An ID will be required for the check.

Citizens requesting this report for use in a foreign country are advised to visit the State Police's Dover office at 600 South Bay Road after getting their results to have it sealed before submitting it to the Division of Corporations for Apostillation or Authentication.

The Federal Bureau of Investigation:

Subjects may approach the FBI for national criminal history checks. To get started, inquirers may complete and submit the Applicant Information Form, get fingerprinted at any of the approved locations, and mail the documents to the Bureau. The FBI also provides an online application method for people to submit their fingerprints at any authorized US post office electronically. Nationwide background checks may attract a service fee of $18. More information and instructions are available on the FBI's Rap Sheets website.

Sussex County Arrest Records Vs. Criminal Records

Arrest records provide information about a person's alleged offense and the location, circumstances, and outcome of the arrest. However, they do not include the court disposition or sentencing nor suggest that the arrestee was found guilty or acquitted.

Conversely, criminal records supply comprehensive details about the arrest and everything that followed it, including the offender's arraignment, sentencing, and incarceration.

Compared to arrest records, criminal records are a more holistic representation of somebody's run-ins with the local, state, and federal criminal justice agencies. They also indicate whether the defendant was found guilty or acquitted.

How Long Do Arrests Stay on Your Record?

Perpetually. A person's arrest record remains publicly visible unless they obtain an expungement or pardon.

Expunge Sussex County Arrest Records

In Sussex, an expungement is a method of relief for people who want their criminal past to be shielded from public view. Delaware provides two types of expungements: mandatory and discretionary expungement.

The State Bureau of Identification (SBI) oversees mandatory expungements, while the Superior Court and Family Court handle discretionary expungements. Title 11, Chapter 43, Subchapter VII of the Delaware Code governs petitions for an adult record expungement.

To obtain an expungement in Sussex County, one must verify which expungement they qualify for by reviewing the guide to expungement of adult records on the Delaware Judiciary's website.

For example, one may be eligible for mandatory expungement if:

• The case was terminated in their favor. "Terminated in favor" could mean that the person was acquitted of all charges, obtained a nolle prosequi on all charges, or the court entered an order discharging the person from probation.
• Three years have passed since one's last conviction, and they have no subsequent or prior convictions.
• The date of conviction was five years ago, and the individual has no prior or subsequent convictions.

Meanwhile, a person may be eligible for discretionary expungement if:

• It has been three years since their conviction or release from incarceration, and they have no additional prior or subsequent convictions.
• Seven years have passed since their conviction or release from incarceration for an eligible misdemeanor or felony.

Generally, expungement petitions are filed in the court where a case was adjudicated. Interested persons can follow the following steps listed in the adult record expungement guide:

• Request a certified criminal history report for the Delaware State Police, which the agency will send by email.
• Two weeks after sending the criminal history report, the SBI typically forwards an eligibility confirmation for a mandatory or discretionary expungement with instructions.
• If someone qualifies for a mandatory expungement, they may proceed according to the directions received inside the criminal history and pay a $75 filing fee. Otherwise, they may file a discretionary expungement at the Superior Court with a filing fee of $75. Checks are payable to the "State of Delaware".
• Expungement petition forms can be filled and submitted in person, online, or by mail to the following address:

Sussex County Prothonotary's Office
Superior Court, One The Circle
Suite 2
Georgetown DE 19947

• Applicants are advised not to sign the petition form (as it must be signed before a notary). The form must be presented alongside a proposed order, SBI's cover letter, and a certified copy of the criminal history to the Prothonotary's office.
• Generally, the Prothonotary's Front Desk Clerk will review the packet to ensure it is correctly filled out. If it is in order, the clerk will request identification. Then, the petition will be signed and notarized by the applicant.
• Finally, once the expungement clerk assigns a case number, they will email the petition to the Attorney General's office, along with a copy of the filing.

When an expungement petition is submitted to the AG's office, the office has 120 days from the filing date to respond to the court. The AG may oppose or approve the petition. If the petition is opposed, the applicant may file a response in 30 days with the court. Once the expungement clerk confirms receipt of all the required responses, they will file it to a judicial officer for a decision.

If the judge deems it necessary to hold a hearing, the court will mail details of the appointment to the petitioner's address provided in the petition with a notice setting forth the hearing date and time. If a person's petition is granted, the clerk will also mail a certified copy of the signed order to the applicant or their attorney, the SBI, and the AG.

It should be noted that the above process only pertains to adult expungements. The expungement of a juvenile arrest record requires a different procedure.

If an expungement is granted, the record holder will not be required to disclose that they have been arrested, charged, or convicted of the offense that was expunged, except as provided in Del. Code § 4376.

Sussex County Arrest Warrants

An arrest warrant is a written directive from a court commanding a peace officer to apprehend and present a named person before the court without delay. In Sussex County, any judge of the Superior Court or Court of Common Pleas, any justice of the peace, or any magistrate can issue warrants in criminal cases within their jurisdictions.

Per the US Fourth Amendment, an affiant (requester of an arrest warrant) must present "probable cause" to justify the warrant's issuance. Otherwise, the warrant is invalid.

A typical Sussex County arrest warrant contains the suspected offender's full name, physical descriptors, age, last known address, time and date of the warrant's issue, the alleged offense, and warrant type/number.

Sussex County Arrest Warrant Search

Citizens and residents of Sussex County can query the court where a case is open to check if a warrant was issued. They may also check the Delaware State Police's Online Wanted Person Review to verify if there is a pending or active warrant or capias for their apprehension.

Do Sussex County Arrest Warrants Expire?

No. Sussex County arrest warrants remain active until the defendant voluntarily surrenders, is arrested, or the court recalls the warrant.