Sussex County Arrest Records
Are Arrest Records Public in Sussex County
Arrest records in Sussex County, Delaware are considered public records under the Delaware Freedom of Information Act (FOIA), codified in Title 29, Chapter 100 of the Delaware Code. Pursuant to § 10002(l), public records include "information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected" by any public body relating to public business.
The Delaware State Police maintains arrest records for Sussex County and makes certain information available to the public in accordance with state law. However, it is important to note that under Delaware law, there is a distinction between arrest records and conviction records. An arrest record documents that an individual was taken into custody by law enforcement, while a conviction record indicates that the individual was found guilty of a crime in a court of law.
According to § 4322 of Title 11 of the Delaware Code, criminal history record information is subject to specific regulations regarding dissemination. While basic arrest information is generally public, detailed criminal history information may have restricted access. The Delaware Criminal Justice Information System (DELJIS) serves as the central repository for criminal justice information in the state and governs access to such records.
Members of the public should be aware that certain arrest records may be exempt from disclosure if they are part of an ongoing investigation or if their release would constitute an invasion of personal privacy as defined in § 10002(l)(6) of the Delaware Code.
What's in Sussex County Arrest Records
Sussex County arrest records typically contain comprehensive information about individuals who have been taken into custody by law enforcement agencies within the county. These records are maintained by various agencies including the Delaware State Police, Sussex County Sheriff's Office, and local police departments. The content of arrest records generally includes:
Arrestee Identifying Information:
- Full legal name (including aliases or known nicknames)
- Date of birth
- Physical description (height, weight, eye color, hair color)
- Gender
- Race/ethnicity
- Home address
- Identification numbers (state ID, FBI number if applicable)
- Photograph (mugshot)
- Fingerprints
Arrest Details:
- Date and time of arrest
- Location of arrest
- Arresting agency
- Name and badge number of arresting officer(s)
- Circumstances leading to arrest
Charge Information:
- Criminal charges filed
- Statute citations for alleged violations
- Classification of charges (felony, misdemeanor)
- Description of alleged criminal activity
Warrant Information (if applicable):
- Warrant number
- Issuing court
- Date of issuance
- Type of warrant (arrest, bench, search)
Booking Information:
- Booking date and time
- Booking facility
- Processing officer information
- Property inventory
Bond/Bail Information:
- Bail amount set
- Bond type (cash, surety, personal recognizance)
- Bond status (posted, denied)
- Conditions of release
Court Information:
- Court of jurisdiction
- Case number
- Scheduled court appearances
- Judge assigned
Custody Status:
- Current detention status
- Housing location if incarcerated
- Release date if applicable
Additional Information May Include:
- Prior criminal history
- Known associates
- Vehicle information
- Employment information
- Emergency contact information
- Medical alerts or special needs
The specific content of arrest records may vary depending on the arresting agency and the circumstances of the arrest. Pursuant to Delaware Criminal Code § 4322, certain information in arrest records may be redacted or restricted from public access to protect privacy rights, ongoing investigations, or sensitive information.
How To Look Up Arrest Records in Sussex County in 2026
Members of the public seeking arrest records in Sussex County may utilize several official channels to obtain this information. The following procedures are currently in effect for accessing arrest records:
- Contact the Delaware State Police - The primary law enforcement agency maintaining arrest records for Sussex County is the Delaware State Police. Individuals may request arrest records by submitting a completed Criminal History Request Form to:
Delaware State Police - State Bureau of Identification
655 Bay Road
Dover, DE 19901
(302) 739-5871
Delaware State Police
- Visit the Sussex County Sheriff's Office - While the Sheriff's Office primarily handles civil processes and court security, they can provide guidance on obtaining arrest records:
Sussex County Sheriff's Office
The Circle, PO Box 589
Georgetown, DE 19947
(302) 855-7830
Sussex County Sheriff's Office
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Submit a FOIA Request - Pursuant to Delaware's Freedom of Information Act, individuals may submit a formal FOIA request to the appropriate law enforcement agency. Requests should include:
- Requestor's full name and contact information
- Specific information being requested
- Date range of records sought
- Subject individual's identifying information (name, date of birth)
- Purpose of request
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Check with Local Police Departments - For arrests made by municipal police departments within Sussex County, contact the specific department where the arrest occurred.
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Request Records from the Courts - The Delaware Judiciary maintains records of criminal cases resulting from arrests:
Sussex County Court of Common Pleas
1 The Circle, Suite 1
Georgetown, DE 19947
(302) 858-5730
Delaware Courts
When requesting arrest records, requestors must provide proper identification and may be required to pay applicable fees as established under Delaware Administrative Code Title 1, § 1301. Fees typically range from $25-$45 depending on the type of search requested and whether certified copies are needed.
Under Delaware law, certain arrest records may be exempt from disclosure if they are part of an ongoing investigation or if their release would constitute an invasion of personal privacy as defined in § 10002(l)(6) of the Delaware Code.
How To Find Sussex County Arrest Records Online
Sussex County residents and interested parties can access arrest records through several official online platforms maintained by Delaware state agencies. These digital resources provide convenient access to public information while adhering to state privacy regulations.
The Delaware Criminal Justice Information System (DELJIS) serves as the central repository for criminal justice information in Delaware. While complete access to DELJIS is restricted to authorized criminal justice agencies, certain public information is available through affiliated public portals.
For online access to arrest records, the following resources are available:
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Delaware Court Connect - This online portal provides access to court case information, including criminal cases resulting from arrests in Sussex County:
- Visit Delaware Court Connect
- Select "Criminal" under case type
- Enter search criteria (name, case number)
- Review case summaries, which include arrest information
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Delaware Department of Correction Inmate Locator - For individuals who have been arrested and are in custody:
- Access the Delaware DOC Inmate Locator
- Enter the individual's name or ID number
- View current custody status and facility information
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Delaware State Police News Releases - Recent arrests are often documented in press releases:
- Visit the Delaware State Police Arrest Archives
- Browse chronological listings of significant arrests
- Search for specific incidents or individuals
-
Sussex County Sheriff's Office Website - While primarily focused on civil processes, the Sheriff's Office website provides information about wanted persons and may include arrest data.
When conducting online searches for arrest records, users should note that pursuant to Delaware Code Title 11, § 4321, certain information may be restricted or redacted to protect privacy rights and ongoing investigations. Additionally, online records may not be comprehensive and might require supplementation through formal record requests as outlined in the previous section.
For the most current and complete information, direct contact with the appropriate law enforcement agency is recommended, particularly for arrests that occurred recently or for cases still moving through the judicial system.
How To Search Sussex County Arrest Records for Free?
Members of the public seeking no-cost access to Sussex County arrest records have several options available through publicly accessible resources. The following methods provide free access to arrest information, though the scope and detail of available records may vary:
- Visit the Sussex County Courthouse - Public terminals are available for searching court records related to arrests:
Sussex County Courthouse
1 The Circle
Georgetown, DE 19947
(302) 855-7055
Hours: Monday-Friday, 8:30 AM - 4:30 PM
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Use Delaware Court Connect - This free online resource provides basic case information:
- Access Delaware Court Connect
- No account or payment is required for basic searches
- Search by name or case number
- Review docket entries related to arrests and subsequent court proceedings
-
Review Delaware State Police Press Releases - The Delaware State Police regularly publishes information about significant arrests on their website at no cost to the public.
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Check Local Newspaper Archives - Many local publications report on arrests and may maintain searchable online archives:
- Cape Gazette
- Delaware State News
- Sussex Countian
- Local library newspaper archives
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Public Library Resources - Sussex County libraries offer free internet access and may provide assistance with searching public records:
Sussex County Department of Libraries
121 East Market Street
Georgetown, DE 19947
(302) 855-7890
- Delaware Department of Correction Inmate Locator - For individuals who have been arrested and are in custody, the DOC Inmate Locator provides free custody information.
When utilizing these free resources, members of the public should be aware that pursuant to Delaware Code Title 29, § 10003, while basic arrest information is public record, comprehensive criminal history information may require formal requests and associated fees. Additionally, as specified in Delaware Code Title 11, § 4322, certain information may be redacted or restricted from public access to protect privacy rights and ongoing investigations.
For the most comprehensive information, individuals may need to submit formal requests to the appropriate agencies as outlined in previous sections, which may involve processing fees.
How To Delete Arrest Records in Sussex County
In Sussex County, as throughout Delaware, arrest records are not automatically removed from public access or official databases, even if charges are dismissed or the individual is found not guilty. However, Delaware law provides specific mechanisms for the expungement or sealing of arrest records under certain circumstances.
Expungement vs. Sealing:
- Expungement refers to the legal process of destroying or removing arrest records from public view
- Sealing restricts access to records but does not destroy them, making them available only to certain government agencies
Pursuant to Delaware Code Title 11, Chapter 43, Subchapter VII, individuals may petition for expungement of arrest records under the following circumstances:
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Mandatory Expungement - Under § 4373, expungement is required when:
- The person was acquitted of all charges
- All charges were dismissed
- The person was arrested but no charges were filed within one year
-
Discretionary Expungement - Under § 4374, expungement may be granted when:
- The case resulted in a conviction for certain misdemeanors after specified waiting periods
- The person received a pardon
- The person completed a first offender program or diversion program
To initiate the expungement process in Sussex County:
- Determine eligibility under Delaware law
- Obtain a certified copy of criminal history from the State Bureau of Identification
- Complete the appropriate petition form based on case outcome
- File the petition with the appropriate court:
Sussex County Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947
(302) 855-7055
- Pay the required filing fee (approximately $100, though fee waivers may be available)
- Attend any scheduled hearings
- If granted, ensure the expungement order is properly executed by all relevant agencies
For juvenile records, separate provisions apply under § 4372, which generally provides broader expungement eligibility.
It is important to note that certain serious offenses, including violent felonies and sex offenses, are typically ineligible for expungement under Delaware law. Additionally, federal arrests and charges cannot be expunged through state procedures.
Due to the legal complexities involved in the expungement process, individuals seeking to delete arrest records are strongly encouraged to consult with a qualified attorney familiar with Delaware expungement law.
What Happens After Arrest in Sussex County?
Following an arrest in Sussex County, individuals enter a structured criminal justice process governed by Delaware state law. This process typically progresses through several distinct phases:
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Booking Procedure - Upon arrest, individuals are transported to a police station or detention facility where they undergo:
- Photographing and fingerprinting
- Personal property inventory
- Basic health screening
- Recording of identifying information
- Entry into the Delaware Criminal Justice Information System
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Initial Appearance - Within 24 hours of arrest, pursuant to Delaware Superior Court Criminal Rule 5, arrestees appear before a magistrate or Justice of the Peace who:
- Informs the individual of charges
- Advises of constitutional rights
- Determines bail or conditions of release
- Appoints counsel if the defendant qualifies
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Bail Determination - The court sets bail based on factors outlined in Delaware Code Title 11, § 2105, including:
- Nature and circumstances of the offense
- Weight of evidence
- Family ties and employment
- Criminal history
- Risk to public safety
-
Preliminary Hearing - For felony cases, a preliminary hearing may be held within 10 days if the defendant is detained or 20 days if released, where:
- The prosecution must demonstrate probable cause
- The defense may challenge evidence
- The court determines if the case should proceed
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Formal Charging - The prosecutor files formal charges through:
- Information - A formal charging document filed by the prosecutor
- Indictment - For serious felonies, charges presented to and approved by a grand jury
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Arraignment - The defendant appears in the appropriate court for:
- Formal reading of charges
- Entry of plea (guilty, not guilty, no contest)
- Setting of trial date
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Pre-Trial Proceedings - Before trial, several procedures may occur:
- Discovery - Exchange of evidence between prosecution and defense
- Motion hearings - Legal arguments on evidence admissibility
- Plea negotiations - Discussions that may resolve the case without trial
-
Trial - If the case proceeds to trial, the defendant has the right to:
- Jury trial for serious offenses
- Present evidence and witnesses
- Cross-examine prosecution witnesses
- Remain silent without prejudice
-
Sentencing - Following conviction, the court imposes penalties which may include:
- Incarceration in the Delaware Department of Correction
- Probation supervision
- Fines and restitution
- Treatment programs
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Appeals - Defendants have the right to appeal convictions to higher courts based on legal errors in the proceedings.
Throughout this process, individuals are presumed innocent until proven guilty beyond a reasonable doubt, as guaranteed by the U.S. Constitution and Delaware law. The specific progression and timeline may vary depending on case complexity, court caseloads, and individual circumstances.
How Long Are Arrest Records Kept in Sussex County?
Arrest records in Sussex County are maintained according to Delaware's records retention requirements, which establish specific timeframes for preserving various categories of criminal justice information. These retention periods are governed by Delaware Public Archives General Records Retention Schedule for law enforcement agencies.
Under current Delaware law, arrest records are subject to the following retention requirements:
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Basic Arrest Information - Pursuant to Delaware Code Title 29, § 10002, records documenting the fact of arrest are maintained permanently by law enforcement agencies. This includes:
- Arrest reports
- Booking information
- Fingerprint cards
- Photographs
-
Investigation Records - Records related to the investigation leading to arrest are typically retained for:
- Felony cases: 20 years after case closure
- Misdemeanor cases: 5 years after case closure
- Homicide and sexual assault cases: Permanently
-
Court Records - The Delaware Judiciary maintains records of criminal proceedings resulting from arrests according to the following schedule:
- Felony case files: 20 years after final disposition
- Misdemeanor case files: 10 years after final disposition
- Capital cases: Permanently
-
Criminal History Records - The Delaware Criminal Justice Information System maintains comprehensive criminal history information, including arrests, in accordance with Delaware Code Title 11, § 8513, which requires:
- Retention of all criminal history data unless expunged by court order
- Regular auditing and validation of records for accuracy
It is important to note that different agencies may have different retention requirements for the same information. For example, while a local police department might purge certain arrest records after the required retention period, the State Bureau of Identification may maintain the same information for a longer period or permanently.
The retention of arrest records serves several important public purposes:
- Preservation of evidence for potential future legal proceedings
- Documentation for background checks authorized by law
- Statistical analysis of crime patterns and law enforcement activities
- Accountability and transparency in the criminal justice system
Individuals seeking to remove arrest records from public access before the expiration of retention periods must pursue expungement through the court process as outlined in Delaware Code Title 11, Chapter 43, Subchapter VII.
How to Find Mugshots in Sussex County
What Mugshots Are
Mugshots, also known as booking photographs, are official photographs taken during the booking process following an arrest. In Sussex County, these photographs are taken by law enforcement agencies as part of standard arrest documentation. Mugshots typically include front-facing and profile views of the arrested individual and are associated with the corresponding arrest record.
Where Mugshots Are Maintained
In Sussex County, mugshots are primarily maintained by:
- The arresting law enforcement agency (Delaware State Police, municipal police departments)
- The Sussex County Department of Corrections for individuals who are incarcerated
- The Delaware Criminal Justice Information System (DELJIS) as part of the comprehensive criminal history record
Finding Mugshots
Members of the public seeking access to mugshots in Sussex County have several potential avenues:
- Submit a FOIA Request - Under Delaware's Freedom of Information Act, individuals may request mugshots by submitting a formal request to the appropriate law enforcement agency:
Delaware State Police - Troop 4 (Georgetown)
23652 Shortly Road
Georgetown, DE 19947
(302) 856-5850
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Check Law Enforcement Websites - Some agencies post mugshots of recently arrested individuals or wanted persons on their official websites, particularly for significant cases.
-
Review Court Records - In some instances, mugshots may be included in court case files, which can be accessed through:
Sussex County Prothonotary's Office
1 The Circle, Suite 2
Georgetown, DE 19947
(302) 855-7055
Can They Be Found Online
The availability of mugshots online through official sources in Sussex County is limited. Unlike some jurisdictions that maintain public booking photo databases, Delaware law enforcement agencies generally do not publish comprehensive mugshot galleries online. However, mugshots may appear online through:
- Press releases on the Delaware State Police website for significant arrests
- Local news media coverage of arrests
- The Department of Correction inmate search for currently incarcerated individuals
Obtaining Mugshots Officially
To officially obtain a mugshot, individuals should:
- Identify which agency made the arrest
- Submit a written request specifying:
- The arrested individual's full name
- Date of birth (if known)
- Date of arrest (if known)
- Requestor's contact information
- Purpose of the request
- Pay any applicable fees (typically $25-$45 per record)
- Provide proper identification
Restrictions on Mugshot Access
Access to mugshots in Sussex County is subject to certain restrictions under Delaware law:
-
Pursuant to Delaware Code Title 11, § 4322, law enforcement agencies may withhold mugshots if release would:
- Interfere with ongoing investigations
- Deprive a person of a fair trial
- Constitute an unwarranted invasion of personal privacy
- Disclose confidential sources or techniques
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Mugshots that have been expunged through court order are no longer accessible to the public.
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Juvenile mugshots are generally not available to the public under Delaware Code Title 10, § 1063, which provides confidentiality protections for juvenile records.
When seeking mugshots, requestors should be aware that commercial use of booking photographs, particularly for websites that charge removal fees, may be subject to legal restrictions in some jurisdictions.
Lookup Arrest Records in Sussex County
Locate an Inmate through the Department of Correction
View Delaware State Police arrest information
Contact the Sussex County Sheriff's Office