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New Castle County, Delaware Arrest Records

In New Castle County, the primary custodians of arrest records are the local law enforcement agencies that create them. These include, but are not limited to, the New Castle County Police Department (NCCPD), the New Castle County Sheriff’s Office, and municipal police departments such as the Wilmington Police Department and the Newark Police Department. Additionally, criminal history records compiled and maintained by the Delaware State Police (DSP) may also contain New Castle County arrest records that were reported to the agency. However, while Delaware’s Freedom of Information Act (FOIA) governs access to arrest records, the dissemination of criminal history records is regulated by Delaware Code § 8513.

Are Arrest Records Public Information in New Castle, Delaware?

Yes. Delaware’s Freedom of Information Act (FOIA), outlined in Delaware Code Title 19 Chapter 100, grants citizens the right to access government records pertaining to public business. Thus, most New Castle County arrest records are considered public unless statutorily exempt from public access or protected by court order. 

Delaware’s FOIA expressly applies to state residents. As a result, New Castle law enforcement agencies may reject FOIA requests for public arrest records made by individuals who are not citizens of Delaware. Notwithstanding, they retain the discretion to fulfill such requests voluntarily.  

What Do Public County Arrest Records Contain?

Public elements of New Castle County arrest records include, but are not limited to, the following:

  • The arrestee’s full name and any known aliases
  • Mugshots (if available)
  • Physical description
  • The arrest date and location 
  • The arresting officer and the agency’s details 
  • The alleged offense or levied charge(s)
  • Booking date, time, and number
  • Bail information (if applicable)

It is worth noting that Delaware’s FOIA is not absolute. As a result, New Castle County arrest records are not always considered public. Per a court order and specific state or federal law, record custodians may redact certain information and withhold entire arrest records. For instance, juvenile arrest records and expunged or sealed arrest records are generally exempt from public access. Furthermore, records pertaining to pending or potential litigation may also be withheld from the public. 

New Castle County,  Delaware Arrest Search

New Castle County arrest information may be found by obtaining and reviewing a subject’s certified Delaware criminal history report from the Delaware State Police (DSP) Bureau of Identification. However, criminal records are not subject to Delaware FOIA. Instead, Delaware Code § 8513 regulates the dissemination of these records. Under the code, criminal records are only released to eligible persons and entities. These include, but are not limited to, the record’s subject or their attorney, criminal justice agencies, and courts.

Interested persons must submit their fingerprints to request their personal criminal history report from the DSP. They may schedule a fingerprint appointment online through the third-party service provider website whose link is provided on the DPS’s Obtaining a Certified Delaware Criminal History page. The DSP has nine (9) fingerprint locations, four (4) of which are in New Castle County cities (i.e., Wilmington, Newark, and Middletown). Applicants must provide an acceptable form of identification, such as a state ID or a valid driver’s license, to enroll for a fingerprinting appointment. Note that the DSP charges $72.00 for a certified Delaware criminal history report.  

Record seekers may also find information about individuals who were arrested in New Castle County, but transferred to a state correctional facility through the Delaware Department of Correction (DOC) Inmate Locator resource. Meanwhile, information about those held in federal prison is accessible through the Federal Bureau of Prisons Inmate Locator.

New Castle County Inmate Locator

Delaware has a unified correctional system. As a result, all correctional facilities and institutions across the state, including those serving New Castle County, are under the jurisdiction of the Delaware Department of Correction (DOC). Thus, interested persons may use the DOC Inmate Locator resource to find arrest information of county inmates. Alternatively, interested persons may contact local law enforcement agencies directly to obtain arrest records of individuals they have arrested. For instance, the New Castle County Police Department (NCCPD) and the New Castle County Sheriff’s Office may be contacted at:

New Castle County Police Department 

Public Safety Building 

3601 N. DuPont Highway 

New Castle, DE 19720 

Phone : (302) 395-8171  

New Castle County Sheriff’s Office

City/County Building 

800 N. French St., 5th Floor 

Wilmington, DE 19801 

Phone: 302-395-8450

Active Warrant Search in New Castle County

An arrest warrant is a court order authorizing law enforcement officials to arrest a defendant and bring them before a court without unreasonable delay to answer for an offense they allegedly committed. In New Castle County, a judge or magistrate has the authority to issue an arrest warrant. Per Rule 4 of Delaware Criminal Rules of Procedure, these judicial officers may issue an arrest warrant after receiving a complaint or affidavit(s) containing sufficient probable cause to believe a defendant has committed an offense. According to Rule 4 (c) (1), an arrest warrant must contain: 

  • The issuing judge or magistrate's signature.
  • The defendant’s name (if known) or any name or description that may be used to identify the defendant with reasonable certainty. 
  • A description of the alleged offense in the complaint or affidavit. 
  • A command that the defendant should be arrested and brought before the nearest available magistrate is the county where the alleged offense was committed.  
  • An attached copy of the complaint.

Interested persons may search for an active arrest warrant in New Castle County through the Delaware Criminal Justice Information System’s Online Wanted Persons Review portal. It is free and searchable by name. Alternatively, they may review court records to find arrest warrants issued in criminal cases. They may use the Delaware Courts Judicial Case Database to access court records of criminal cases handled by New Castle County local courts.

How to Find Arrest Records for Free in New Castle County

Record seekers may use the Delaware Department of Correction (DOC) Inmate Locator resource to find arrest information in New Castle County for free. However, only information regarding inmates is accessible to the resource. 

Alternatively, interested persons may request copies of arrest records from local law enforcement agencies in New Castle County. These agencies typically release free copies of an arrest record to individuals who were victims of the crime that warranted the arrest. Although the first victim copy is free, requesters usually are required to pay for additional copies. Most agencies provide dedicated request forms that individuals may use to make requests. Some examples include the New Castle County FIOA request form used by the New Castle County Police Department (NCCPD) and the Newark Police Department’s Report Request form. In cases where an agency does not provide a request form, individuals may contact or visit them to request a record.  

Note: Requesters are usually required to present a valid picture ID to obtain records. Additionally, they must provide sufficient identifiable information about a record to assist the custodian agency in identifying it. These may include the names and date of birth of the involved parties, the incident date, time, and location.

New Castle County Arrest Report

In New Castle County, an arrest report and an arrest record are related but fundamentally distinct documents. An arrest report is an offical document that an arresting officer prepares following an arrest. It contains a narrative written from the officer's perspective about the circumstances surrounding an arrest, including what happened during and after an arrest, as well as noteworthy observations they made.  

Meanwhile, an arrest record is a concise entry documenting pertinent facts about an arrest, such as the arrestee’s personal information, alleged offense, booking information, and the arrest date and location. 

How to Get an Arrest Record Expunged in New Castle County

In New Castle County, an arrest record may be expunged under Delaware’s Crime and Criminal Procedure § 4371 to § 4378. The statutes govern the criminal record expungement process and outline eligibility requirements in Delaware, including New Castle County. As a general rule, individuals who are currently incarcerated, under parole or probation supervision, or have a pending criminal charge are ineligible for expungement. Additionally, arrests for certain types of offenses that result in a conviction are also ineligible for expungement. Some examples include

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

Generally, a New Castle County arrest record may qualify for either mandatory or discretionary expungement. 

Mandatory Expungement

If an individual was arrested and charged with a crime(s) but their case was terminated in their favor, their arrest record may be eligible for mandatory expungement. These may include arrests that resulted in any of the following

  • An acquittal.
  • Dismissed charges. 
  • Charges not being filed within a year.
  • The prosecutor chose not to pursue the case.

Additionally, arrests for certain types of offenses that resulted in a conviction may also be eligible for mandatory expungement, provided sufficient time has passed since the conviction or the arrestee’s release. These include 10 years for felonies, 5 years for misdemeanors, and 3 years for violations. Some examples of such offenses include, but are not limited to, second-degree forgery, miscellaneous drug crime, and possession of burglar’s tools. 

The Delaware State Police (DSP) is responsible for processing mandatory expungement. The agency charges a $72 fee for applying for expungement. Eligible individuals may apply using the expungement application. 

Discretionary Expungement

Only individuals who do not have any prior or subsequent convictions are eligible for discretionary expungement. Depending on the type of offense, there are waiting times before eligible individuals may apply for the discretionary expungement of their qualifying arrest records. For instance, nonviolent felonies have a seven (7) years waiting period. 

After the required waiting periods, eligible individuals may obtain the appropriate expungement application form on the Delaware Court form page or by contacting the New Castle County Superior Court or Family Court. They will also need the following items: 

  • Proposed order
  • SBI’s cover letter 
  • Their Certified Criminal History record 
  • A $75 filing fee (via check payable to the New Castle Prothonotary’s office)

The completed expungement application form and other required items must be submitted in person or by mail to the New Castle Prothonotary’s Office at: 

Leonard L. Williams Justice Center 

500 North King Street 

Suite 500

Wilmington, DE 19801

After receiving the application, the Prothonotary’s Office will docket it and send a copy to the Attorney General's (AG) office. Generally, the AG is allowed 120 days to respond to the petition. If the AG files a response, it will be placed along with the application in a file. However, if the AG opposes the petition, the applicant will have 30 days to file a response. After receiving all required responses, the expungement clerk will send the file to a judicial officer. Subsequently, the judicial officer may grant or deny the application, with or without a hearing.   

How Do You Remove New Castle County Arrest Records From the Internet?

The primary way of ensuring New Castle County arrest records are removed from the internet is to get them expunged. State law prohibits public disclosure of expunged records. As a result, government and private entities are legally required to remove records from online resources they maintain once they are made aware that the record has been expunged.

Although less effective, another way to remove arrest records from the internet is by submitting an opt-out request. Most third-party websites accept this request, which essentially informs them that a person wishes to have their records removed from their database.