Delaware Misdemeanors

A misdemeanor is a criminal offense less serious than a felony yet more serious than a civil infraction. One of the major ways Delaware distinguishes between the three is the severity of the penalties each attracts when convicted. It can attract fines, probation, and short terms of jail time in a local (county) prison.

What Is a Misdemeanor in Delaware?

Delaware law classifies crimes so that sentencing is more efficient. In this way, Delaware places misdemeanors below felonies and above violations or infractions. Under 11 Delaware Code § 4202, misdemeanors are grouped into Class A and Class B. Some laws classify some misdemeanors as unclassified with their own penalty scheme. Common Delaware misdemeanors include assault in the third degree (considered a Class A misdemeanor), disorderly conduct (unclassified), and criminal trespass in the second degree (unclassified).

Driving under the influence (DUI), for example, is typically charged under Title 21 § 4177; a first offense is ordinarily treated as a misdemeanor unless it is elevated by priors or aggravating factors. Basically, if the law sets a short, local jail sentence, as opposed to a felony’s prison terms, and the offense is designated Class A, Class B, or “unclassified,” you are dealing with a misdemeanor.

Misdemeanor Classes and Penalties in Delaware

Delaware uses two primary classes and unclassified misdemeanors:

• Class A misdemeanor: Possible penalties for offenders include a year in prison and fines of up to $2,300. In addition, they might be required to make amends and comply with specific requirements that the court thinks make sense for their case.
• Class B misdemeanor: Offenders may be fined up to $1,150 and imprisoned for up to six months. They might also be subject to certain conditions and restitution.
• Unclassified misdemeanors: Penalties for these crimes are set by the specific laws (e.g., trespass and disorderly conduct).

Courts may also sentence an offender to probation, carry out community service, ask them to pay restitution, attend treatment/counseling, and fulfill other conditions under the Delaware Code and the general sentencing provisions.

Example statutes: • Assault 3rd - This is considered a Class A misdemeanor. • Disorderly conduct - This is an unclassified misdemeanor. • DUI (first offense) - This is a misdemeanor with offense-specific fine/jail ranges as prescribed in Title 21 § 4177; DMV-related license consequences track BAC and priors.

Misdemeanor Court Process in Delaware

The Court of Common Pleas has statewide criminal jurisdiction over misdemeanors and most motor-vehicle offenses for adults (18+), with jury trials available. It also conducts preliminary hearings in felony matters.

Typical sequence.

1. Arrest or citation: The process typically starts with a police arrest or the issuance of a summons with a return date to the appropriate county division of the Court of Common Pleas.
2. Arraignment/first appearance: The judge lets the defendants know their charge(s) and rights. They also set release conditions. If jail is possible and the defendant cannot afford a lawyer, a public defender may be appointed.
3. Pre-trial phase: Here, the parties carry out discovery, motions practice, plea bargaining, and any diversion or treatment options.
4. Trial (jury or bench) or plea: Many misdemeanors are resolved through negotiated pleas. If the negotiations fall through, it proceeds to a trial. During the trial, all evidence and witnesses are reviewed.
5. Sentencing: If convicted or after a plea, the court imposes a sentence within the class limits and may order probation, restitution, or programs.
6. Appeal: If a defendant feels that the court's ruling is unjust, they may file an appeal with the Superior Court; if the case involves specified legal concerns, the Supreme Court may consider it.

Offenders serve their time in local facilities (county or local detention centers) rather than the state prison complex used for felony sentences.

Misdemeanor Records in Major Delaware Cities

Delaware uses the CourtConnect platform to handle the majority of public case lookups.

• Wilmington/New Castle County: New Castle cases are filed in the county’s Court of Common Pleas. Use CourtConnect to search dockets by name or case number and generate a register of actions. You can use ePayment for fines and fees (phone/online options).
• Dover/Kent County: Misdemeanor files in this county are available in CourtConnect. Fines and restitution can be paid by phone through the Court of Common Pleas numbers listed on the judiciary’s ePayment page.
• Georgetown/Sussex County: You can get docket access through CourtConnect, and payment can be done through the ePayment system, with county-specific contact numbers.

Certain record entries typically show charges, events, settings, dispositions, and financials across counties. Some documents are only viewable at the clerk’s counter. Always treat the clerk’s file as the official record.

How to Search for Misdemeanor Records in Delaware

1. Identify the court and county: The Court of Common Pleas for New Castle, Kent, or Sussex County handles the majority of adult cases in those areas. If you're not sure, you can use the judiciary's court overview and court directory to see which one has your records.
2. Use the statewide portal: You can create docket reports and search for records by name, business, or case number by visiting the CourtConnect platform.
3. Online Records: You can find information such as case number, party information, charges, and class (A, B, or unclassified), scheduled hearings, dispositions, sentence entries (jail/probation/fines), and outstanding balances.
4. Fines and fees: Use the judiciary’s ePayment page to pay criminal fines, restitution, or other obligations. You can make phone payments 24/7 for each county.
5. Offline Records: Contact the Clerk of the Court of Common Pleas in the county where the case was filed for certified copies or archival records. Some older or sealed matters will not appear in online results.

How Long Does a Misdemeanor Stay on Your Record in Delaware?

Delaware historically required a petition to expunge adult records. Today, the state has both petition-based and automatic (“Clean Slate”) mechanisms under Subchapter VII, Chapter 43, Title 11:

• Petition-based expungement (adult): To find out more about mandatory and discretionary expungements, eligibility, and filing steps, you can use the Adult Expungement Instruction Packet. If granted, your court records are shielded from public view. You also do not have to disclose such misdemeanors except in specific legal situations.
• Clean Slate (automatic expungement): The Clean Slate Act created an automatic erasure process for eligible records. Delaware’s DELJIS finds records that qualify and expunges them without a petition.
• Statutory framework: Subchapter VII stipulates conditions for eligibility, including mandatory expungement scenarios—e.g., certain charges where the case ended in acquittal, dismissal, or nolle prosequi—and discretionary relief for specified misdemeanor convictions.

There is no automatic deletion of records—a misdemeanor can remain public information indefinitely unless it qualifies for automatic Clean Slate erasure. You may also petition and obtain a court order. Since eligibility depends on offense type, outcome, prior record, and time since completion of sentence, it is wise to check the latest judicial forms or get a lawyer before filing.