Delaware is one of the smallest states in the country, with just three counties and a relatively compact criminal justice system. But small does not mean simple. The state's central criminal history repository requires fingerprints and a fee -- there is no free online name-based statewide arrest search. The practical tools are the Delaware Judicial Branch's free online case lookup and the county-level sheriff and police resources. Delaware also has a meaningful expungement system with both mandatory and discretionary tracks. This guide covers how the state's arrest record system works and where to actually find what you need.
What Makes Delaware Arrest Records Public
The Delaware Freedom of Information Act, codified in Delaware Code Title 29, Chapter 100, establishes the public's right to access government records. Arrest records fall within that framework, and Delaware law enforcement agencies are required to release arrest information unless a specific exemption applies.
The State Bureau of Identification, known as the SBI, operates under the Delaware State Police and serves as the central repository for criminal history record information in the state. Every arrest in Delaware that is fingerprinted goes into the SBI database. The SBI is the primary custodian of certified criminal history records and provides background checks by request.
Exemptions from public access include juvenile records, sealed or expunged records, and information tied to active investigations where disclosure could compromise enforcement efforts or reveal confidential sources.
What a Delaware Arrest Record Contains
An arrest record is a booking document, not a verdict. It records the facts of an arrest at the time of booking and carries no presumption of guilt.
A typical Delaware arrest record includes the arrested person's full legal name, date of birth, physical description, booking photograph, fingerprints, the arresting agency, the date and location of the arrest, the charges filed at booking, and bond or bail information. The full SBI criminal history record contains a more comprehensive view, including all arrests, charges, dispositions, and any incarceration history.
Mugshots are public records in Delaware and may appear in criminal history records, court records, sex offender registry listings, and inmate records. Unlike some states, Delaware does not have a blanket restriction on booking photograph access.
How to Search Delaware Arrest Records
The SBI is the official source for a certified statewide criminal history record. Unlike several other states in this series, the SBI requires fingerprints for background checks -- there is no name-only search option at the state level comparable to Colorado's ICHC or Arkansas's ARCH. The fee is $52 for a state-only background check or $65 for a combined state and federal check. In-person requests are handled at three SBI offices, one in each county. Appointments are required at the Kent and Sussex locations:
New Castle County: Delaware State Police Troop 2, Route 40 west of Fox Run Shopping Center, Bear, DE 19701 (appointment required)
Kent County: 600 South Bay Road, Suite 1, Dover, DE 19901, phone 302-739-5871
Sussex County: Thurman Adams State Service Center, 546 S. Bedford St., Room 202, Georgetown, DE 19947 (appointment required)
Out-of-state residents may request a background check by mail.
The Delaware Judicial Branch provides a free online case search through its courts website. This is the most accessible public tool and allows searches by name or case number. It returns criminal case filings, charges, and dispositions for cases in the Delaware court system. For most people trying to verify whether an arrest occurred and what happened afterward, the Judicial Branch case search is the practical starting point before paying the SBI fee.
County sheriff offices and local police departments maintain booking records for recent arrests. Delaware has only three counties -- New Castle, Kent, and Sussex -- and each county operates its own local criminal justice infrastructure. For anyone arrested in the past 24 to 72 hours, contact the local police department or county sheriff's office in the county where the arrest occurred.
For broader multi-source background searches that aggregate public record data across jurisdictions without the SBI fingerprint process, TruthFinder is a practical option.
VINELink at vinelink.com is the official tool used by the Delaware Department of Correction for inmate custody tracking. It connects to the DOC system and allows free registration for notifications when someone's custody status changes.
How Delaware Holds People After an Arrest
Delaware's correctional system is somewhat unique. While counties operate local jails for short-term detention and pretrial holding, the Delaware Department of Correction manages a unified statewide system that covers both jails and prisons under a single administrative structure. The DOC uses a level classification system -- Level V is full incarceration, Level IV includes work release and halfway house placements. The DOC's Central Offender Records Unit updates records for all individuals held at Level IV and Level V facilities.
For locating someone in Delaware state custody, the DOC provides an inmate locator service through VINELink at vinelink.com. The Delaware DOC's website at doc.delaware.gov also links to inmate locator resources. You can search by name and get the inmate's current facility, custody status, and projected release information. It is worth noting that the DOC may adjust release dates through forfeiture of good-time credits, and an inmate may also be held past a release date if wanted by another jurisdiction.
Federal Arrests in Delaware
Delaware does not have any federal prisons within its borders. Federal arrests in Delaware are made by agencies including the FBI, the DEA, U.S. Marshals, and Homeland Security Investigations. After federal sentencing, individuals are designated to a BOP facility in another state.
The BOP Inmate Locator at bop.gov/inmateloc is the official free tool for finding anyone serving a federal sentence. Search by name or BOP register number. For case-level records including federal court filings and charging documents, the PACER system at pacer.gov provides access with a registered account.
Federal arrests and convictions are not part of the SBI state criminal history database. A state-only SBI check will not surface federal records. The combined state-and-federal check through the SBI for $65 includes FBI criminal history data and is the route for a more complete picture.
Arrest Records Versus Conviction Records
An arrest record documents that law enforcement took someone into custody. A conviction record documents a court's finding of guilt. Delaware law treats them separately, and an arrest record does not automatically update when a case resolves.
Charges can be dropped, cases dismissed, and juries acquit. In all of those situations the arrest entry remains in the SBI database and in public records unless the person pursues expungement. The arrest will continue to appear on background checks until it is legally addressed.
Delaware's Expungement System
Delaware has two tracks for expungement, which is one of the more clearly structured frameworks in the region.
Mandatory expungement is handled by the SBI and applies when all charges from an arrest were dismissed or resulted in acquittal. In these situations, the SBI processes the expungement automatically or upon request, without requiring a court petition. Once expunged, the record is removed from public access, though law enforcement retains access in specific circumstances.
Discretionary expungement runs through the Delaware Superior Court or Family Court and applies to eligible convictions after waiting periods defined in Delaware Code Title 11, Section 4374. Eligibility depends on the nature of the offense, whether it was a misdemeanor or felony, and how much time has passed since completion of sentence. A background check is required as part of the discretionary application process, and an appointment with an IdentoGO fingerprint enrollment center using the service code specific to expungements is the starting point. The criminal history report from that process is valid for 45 days.
InmateAid's guides on expungement cover Delaware's framework in more detail. Mugshot removal from third-party sites after an expungement is a separate process addressed in InmateAid's resources on that topic.
Frequently asked questions
Are Delaware arrest records public?
Yes. Under the Delaware Freedom of Information Act at Title 29, Chapter 100, arrest records are public documents. Law enforcement agencies are required to release arrest information unless specific exemptions apply, such as ongoing investigations, juvenile records, or sealed and expunged records.
How do I search Delaware arrest records?
The Delaware Judicial Branch free online case search is the most accessible public tool and the practical starting point. For a certified criminal history, contact the SBI at one of three offices statewide -- fingerprints required, fees of $52 (state) or $65 (state plus federal). For recent arrests, contact the local police department or county sheriff. For multi-source results, TruthFinder aggregates public record data. For real-time custody status, VINELink at vinelink.com connects to the Delaware DOC system.
What does a Delaware arrest record contain?
A Delaware arrest record typically includes full legal name, date of birth, physical description, booking photograph, fingerprints, the arresting agency, the date and location of the arrest, charges filed at booking, and bond information. Mugshots are public records in Delaware. The full SBI criminal history adds arrests, dispositions, and incarceration history.
Is an arrest the same as a conviction in Delaware?
No. An arrest documents that someone was taken into custody. A conviction reflects a court's finding of guilt. You can have a Delaware arrest record with no conviction if charges were dismissed, the case was nolled, or you were acquitted. The arrest entry remains in public records unless expunged -- and for non-conviction arrests, mandatory expungement through the SBI is available.
How do I find someone in Delaware custody?
VINELink at vinelink.com is the tool the Delaware DOC uses for inmate custody tracking. Search by name and register for free status notifications. The Delaware DOC website at doc.delaware.gov also links to inmate locator resources. For a very recent arrest, contact the local police department in the county where the arrest occurred. For federal custody, use the BOP Inmate Locator at bop.gov/inmateloc.
Are there federal prisons in Delaware?
No. Delaware does not have any federal prison facilities within its borders. Individuals convicted of federal crimes in Delaware are designated to BOP facilities in other states. Use the BOP Inmate Locator at bop.gov/inmateloc to find where a federal inmate is housed. Federal court records are accessible through PACER at pacer.gov.
How long does an arrest stay on record in Delaware?
Adult arrest records in Delaware remain in the SBI database indefinitely unless expunged. Mandatory expungement is available for non-conviction arrests. Discretionary expungement for eligible convictions requires a waiting period and a court petition. Records that do not qualify for expungement remain in the SBI system and may appear on background checks without limit.
What types of expungement exist in Delaware?
Delaware has two types. Mandatory expungement applies when all charges from an arrest were dismissed or resulted in acquittal -- the SBI handles this without requiring a court petition. Discretionary expungement applies to eligible convictions under Delaware Code Title 11, Section 4374 -- it goes through the Superior Court or Family Court and requires a waiting period, a fingerprint-based criminal history report, and a formal petition. Eligibility depends on the offense type and time elapsed since sentence completion.
What is mandatory expungement in Delaware?
Mandatory expungement is the process by which the SBI automatically removes arrest records when all charges from an arrest were dismissed or resulted in acquittal -- meaning no conviction resulted from the arrest. The person does not need to file a court petition for this type of expungement. Once processed, the record is removed from public databases. Law enforcement retains access to expunged records in specific circumstances.
Why does my record show an arrest but no conviction?
An arrest record is created at booking and reflects the charges filed at that time. If those charges were later dismissed or you were acquitted, the arrest entry still exists in SBI records and may appear in background checks and the Judicial Branch case search until mandatory expungement is processed. If you believe mandatory expungement should have occurred but the record still shows, contacting the SBI directly is the right next step. ---
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