Are Criminal Records Public In Delaware?

According to the Delaware Freedom of Information Act (FOIA), criminal records in Delaware Police papers are accessible to the public unless specified by court statute or order. Also, the State Bureau of Identification (SBI) is the delegated office that holds all criminal history reports in the state.

Criminal records are considered public in Delaware and are accessible using the Delaware Department of Corrections (DDC) websites or some third-party sites. Accessing criminal records with third-party sites, though government-sponsored, is often straightforward. This is because the data are not limited to geographic record availability as those of the DDC official websites.

Why are Criminal Records public in Delaware?

Delaware criminal records are only made public for the interest of employers who wishes to run a background check on a potential employee. This document is also called the “rap sheet.” In this case, the employer would request “a criminal background check” from the SBI with a charge. The SBI does not offer a free public criminal record check.

In addition, the providence of fingerprint cards, photo identification, State ID (from any state,) and a valid driver’s license is mandatory. However, if the request is denied, there are no rights for appeals. If a request for a criminal record is turned down, there is no way to fight the decision. Although an employer can still request free criminal records, their data may be incomplete or limited.

Can criminal records be expunged from Delaware’s database?

While Delaware Police Papers containing criminal records include arrest data of any convict in Delaware, they are quite different from the arrest records in Delaware. Therefore, it is possible to delete a criminal record from Delaware’s database.

The Delaware State Bureau of Information or the court can clean your record. By that, your criminal record would be erased, and there will be no evidence you were ever convicted or charged with a crime.

Moreover, you have to be eligible to expunge your criminal record. You’re eligible for expungement if you were once arrested for a crime and did not result in a conviction. However, if you were convicted of a misdemeanor, you must wait three years to be eligible. If convicted of a felony, you must endure seven years for your criminal records to be expunged.

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