Sussex County, Delaware Arrest Records

Sussex County arrest records are official documentary materials that highlight the fact that an individual has been taken into custody by law enforcement officers. They form a major part of the individual’s criminal history information, containing arrest-related information such as the reasons for arrest, date and time of arrest, and the arresting agency. Typically, arrest records are maintained by the courts and the Delaware State Police and they are public under the Delaware Freedom of Information Act.

In Sussex County, law enforcement activities are typically carried out by local police departments like the Seaford Police Department, Georgetown Police Department, and Millsboro Police Department.

Are Arrest Records Public Information in Sussex, Delaware?

Yes, arrest records are public information in Sussex County, Delaware. These records are governed by the Delaware Freedom of Information Act (FOIA), which gives the public access to government records. As such, members of the public can request Sussex arrest records from their custodians. Nevertheless, the FOIA places a residency restriction on public records. Therefore, only Delaware citizens have a legal right to request and inspect Sussex arrest records. Notably, record seekers are required to present a valid ID before their requests for arrest records are granted. 

What Do Public Sussex County Arrest Records Contain?

Typically, public Sussex arrest records highlight basic arrest information including: 

• Full name of the arrested person
• Age/date of birth of arrested person
• Date of arrest
• Time of arrest
• Location of arrest
• Arresting agency
• Specific charges filed
• Booking/custody status

Per the Freedom of Information Act, the aforementioned details can be accessed by all citizens of Delaware upon request. However, the record custodian may be authorized to withhold arrest information if it contains either of the following:

• Sensitive personal data of the arrestee or victim
• Witness statements and evidence details
• Juvenile arrest information
• Sealed arrest information

Sussex County,  Delaware Arrest Search

Individuals arrested for federal crimes in Sussex County, Delaware, are typically held in federal detention facilities managed by the Federal Bureau of Prisons (BOP). Since the holding facility could be anywhere, the BOP Inmate Locator tool serves as a central repository for locating the whereabouts of inmates in federal custody. The Bureau of Prison Inmate Locator tool allows members of the public to conduct searches for federal inmates using the individual’s name or BOP number, if known.

Delaware operates a unified prison system. This puts all adult correctional facilities in the state under the jurisdictional authority of the Delaware Department of Corrections. The Department’s Inmate Locator tool allows individuals seeking information on the incarceration of an offender in the State of Delaware to utilize this online tool to obtain information about the arrest, criminal cases, and custody status of offenders 24 hours a day. The Inmate Locator tool uses the VineLink software access, which allows searches to be conducted using the inmate’s name, ID Number, or Case Number.

Sussex County Inmate Locator

At the county level, the Sussex Correctional Institution under the authority of the state Department of Corrections provides basic arrest information through the Inmate Locator tool available on its website. Loved ones of incarcerated individuals can utilize this tool to lookup details such as an arrestee’s identifying information, charges filed, booking date, and bail information. The user will be led to essentially the same VineLink tool that allows searches for inmates to be conducted using the inmate’s name, ID Number, or Case Number. 

To access an arrestee’s custody information using this tool:

• Visit the Sussex County Correctional Institution website
• Click on the navigation button (the three dashes) on the top-left-corner
• Click on “Offender Info”
• Click on “Inmate Locator”
• Click on “VineLink”
• Click on the “Select state” tab to open up the state option list and select “Delaware.”
• Click “search for someone”
• The user should indicate if they wish to search by name, ID number, or Case number
• Enter the first and last name and click on search

Before detainees are transferred to a more permanent location, they are typically first held in temporarily holding cells maintained by local police departments for initial questioning and booking. The initial arrest report on a recent detainee may be available at the police department that made the arrest. Popular police departments in the in Sussex County include, the Millsboro Police Department and the Georgetown Police Department:

Millsboro Police Department

120 West Railroad Ave.

PO Box 1773

Millsboro DE 19966

Non-Emergency: (302)934-8174

After Hours Phone: (302)245-5966

Active Warrant Search in Sussex County

An arrest warrant is a court-issued writ that directs law enforcement to arrest and detain an individual to guarantee their appearance in court. Under Delaware Code § 5906, a judge, magistrate, or justice of peace, in Sussex County will typically issue an arrest warrant upon the presentation of a complaint containing sufficient evidence to warrant the inference that there is probable cause to arrest an individual for a crime.

A Sussex County arrest warrant typically contains:

• The name of the defendant;
• The name of the agency or peace officer to whom it is addressed;
• A description of the offense charged in the complaint;
• Details pertaining to whether the warrant is being issued before the defendant has appeared or was scheduled to appear; and
• The signature of the judge

While there is no single statutory provision that states specifically that all active arrest warrants in Delaware are public, arrest warrants are generally regarded as public information in the state of Delaware, including Sussex County. However, they are to be presumed 29 Del. C. Chapter 100 (Delaware Freedom of Information Act). 

The Delaware State Police publicly provides a Delaware Criminal Justice Information System Wanted Person Review that allows individuals to check for active warrants or capias for their arrest. Interested persons can utilize this tool to search for a wanted person list by name.

Quick Summary

Agency / Resource	Purpose	Search Methods	Notes
Delaware State Police	Maintains and serves warrants	Online	Delaware Criminal Justice Information System Wanted Person Review

How to Find Arrest Records for Free in Sussex County

Sussex County, Delaware, arrest records are generally provided for free. There are typically no payment-barriers for accessing basic arrest or court information connected to an arrest. Those seeking information on pre-trial detainees in county or state correction facilities can utilize the Delaware Department of Corrections online Inmate Locator tool for this purpose. 

The Delaware Court Connect also provides free court search for criminal case records that come from arrest. Individuals can search for criminal cases by name. Search results typically display charges, docket entries, and case status.

These platforms are free public-access tools; no payment of fees required. There is no statutory provision making ID presentation a requirement for accessing public records. However, agencies may require it as a matter of standard practice. 

In addition, since online records are generally provided for information purposes only and are generally not to be relied on for official business, record custodians may have the discretion to charge a fee for certified copies.

Sussex County Arrest Report

An arrest report is the initial documentation that confirms a person’s arrest and detention by state or local law enforcement. It is a written narrative prepared by the arresting officer in the aftermath of an arrest reflecting the reason for arrest, the set of circumstances suggesting probable cause, statement of witnesses, the detention location, and other relevant details relating to the individual’s personal identifying information. Serving as the official legal record of the circumstances surrounding an apprehension, it provides crucial information used by prosecutors, defense attorneys, and the courts.

Although often conflated with an arrest record, the two documents serve distinct purposes. An arrest record focuses specifically on the suspect and the exact moment they were detained and booked. It is less comprehensive; typically collated after booking and court charges, and serves to inform an individual of the arrest and if there are any pending charges against the detainee. 

Unless notice of a conviction is entered, neither of these records serve as an indication that the arrested individual was found guilty of any charges.

How to Get an Arrest Record Expunged in Sussex County

Expungement in Sussex County and under Delaware law is a legal process that may be embarked on by the subject of a prior arrest or criminal conviction to ensure that the resulting law enforcement or court records are not open to public inspection or disclosure. The record is not destroyed, it is removed from files and placed in the control of the Supervisor of the state Bureau of Identification. However, the individual will no longer be required to disclose that they were arrested or convicted for the offense.

Individuals seeking expungement of charges or conviction records in Sussex County must file for expungement in the Superior Court in the county where their most recent case is terminated for all charges and conviction.

Subchapter VII of Chapter 43 of Title 11 of the Delaware Code governs the expungement process in the State of Delaware, including Sussex County. There are two types of expungement under Delaware law: Mandatory Expungement and Discretionary Expungement. By the law, courts must expunge certain felonies, misdemeanors, and violations, while non-mandatorily expungeable offenses are left largely to the discretion of the court. 

In Sussex, an individual may not file for expungement, whether mandatory or discretionary, if:

• They have pending charges, unless the arrest for which the expungement is sought did not result in criminal charges
• They are currently in jail, on parole, or probation
• The petitioner has had a prior conviction expunged within the previous 10 years (unless the case was dismissed in their favor)
• The petitioner seeks expungement for a new felony conviction following the expungement of a prior felony conviction
• The petitioner is still in debt for fines, restitution or fees imposed for the conviction 

How Do You Remove Sussex County Arrest Records From the Internet?

Sussex County arrest records are typically removed from the internet upon the granting of an expungement order relative to charges sought to be expunged. When expungement is granted, the court typically orders the Department of Justice and the Court of the State of Delaware to see that all records not destroyed pursuant to the order are kept the records in a way that they are no longer open for inspection or disclosure by the public. Consequently, the records are removed from all publicly accessible, govt online resources.