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Delaware Court Records & Case Lookup
The Delaware judicial system handles over 500,000 cases annually. These include civil and criminal cases, domestic relations matters, juvenile cases, traffic violations, and miscellaneous and estate matters.
The Delaware judicial system is committed to upholding the principles of fairness, justice, and equal access to legal resources in the state by ensuring citizens have access to legal remedies to civil disputes and public safety by punishing criminal offenders.
In addition, the judicial system prioritizes documenting, maintaining, and making case files accessible to the public, fostering a sense of trust and confidence in state court procedures among citizens.
Access to court case records in the state is not subject to the Delaware Freedom of Information Act (FOIA). However, each state court in Delaware keeps records of cases they manage and anyone can access these court records upon request provided their request complies with the Delaware Access to Records Policy.
Citizens of Delaware do not need to provide reasons for court record requests before they are granted. Court records are generally accessed for information, research, and legal reasons.
Anyone who wants to look up Delaware court records has several options. Interested persons can access court records online or in person at the courthouse where the case was filed.
State of Delaware Court System
Citizens of Delaware are served by a comprehensive court system comprising the Superior Court, the Courts of Chancery, Superior Courts, Family Courts, Courts of Common Pleas, and Aldermen Courts.
The Delaware Supreme Court is the state's apex court. It has final appellate jurisdiction over appeals of criminal cases where the sentence is above specific minimums. Additionally, it hears civil appeals that involve final decisions and specific orders from the Court of Chancery, the Superior Court, and the Family Court.
The Supreme Court has the discretion to issue writs of prohibition, quo warranto, certiorari, and mandamus, as well as to accept appeals of certain non-final orders. The Supreme Court has offices in all three counties of the state and processes about 450 to 600 cases annually.
Generally, most cases begin and end at the trial courts in Delaware. However, in certain circumstances, judgments from the trial courts can be appealed to the Supreme Court.
Delaware Trial Courts
The Delaware trial court system comprises an equity court, one general jurisdiction court, and four limited jurisdiction courts.
Courts of Chancery in Delaware
Delaware Courts of Chancery have jurisdiction over all matters relating to equity in the state. They handle legal matters concerning estates, trusts, and other fiduciary matters. They also hear disputes involving the purchase and sale of land and commercial and contractual matters in general.
Superior Courts in Delaware
Delaware Superior Courts are courts of general jurisdiction. They have original jurisdiction over criminal and civil cases in the state and exclusive jurisdiction over felony charges and most drug-related offenses.
Delaware Superior Courts also serve as intermediate appellate courts to the Court of Common Pleas, Family Court, and some state agencies. Appeals from the Superior Courts go to the Supreme Court.
Family Courts in Delaware
Delaware Family Courts are courts of limited jurisdiction that handle domestic relations matters and juvenile cases. All civil appeals from these courts go directly to the Supreme Court, while criminal appeals are directed to the Superior Court.
Courts of Common Pleas in Delaware
Delaware Courts of Common Pleas are limited jurisdiction courts that handle civil cases in which the amount in controversy is less than $50,000. They also handle all misdemeanors in Delaware, except drug-related offenses and traffic violations.
In addition, the Courts of Common Pleas handles all preliminary hearings in state felony cases. Appeals from these courts go to the Superior Court.
Justice of Peace Courts in Delaware
Delaware Justice of Peace Courts have jurisdiction over civil cases in which the amount in controversy is less than $15,000. They also hear certain misdemeanors and most motor vehicle-related cases.
Alderman Courts in Delaware
Delaware Aldermen Courts have jurisdiction over all violations of city ordinances within the city they are located in. These courts are under the jurisdiction of the Delaware State Chief Justice.
What are the Specialty Courts in Delaware?
In Delaware, Specialty Courts are also called Problem-Solving Courts. These courts combine judicial functions and strategies that compel offenders to complete a treatment program that will help them abstain from criminal behaviors that bring them to court. Specialty courts are under Delaware Superior Courts and they include:
Delaware State Court Vs. Federal Court Records
Court records include any document, information, data, or other items created, received, or maintained by a court within Delaware in connection to a particular case. The main difference between Delaware and federal court records is the jurisdiction of the court that created, received, or maintained the records. Delaware court records are created and maintained by courts under the supervision of the Delaware State Judicial Branch. In contrast, federal records are created and maintained by the United States District Court for the District of Delaware, which is the only federal court in the state.
Delaware state court records are generated from various legal proceedings, including civil and criminal cases, family lawsuits, probate matters, and tort cases. In contrast, federal court records are generated from cases involving the constitutionality of United States laws, disputes between two or more states, bankruptcy, and suits involving federal laws.
Delaware state court records are generally accessible unless otherwise specified by law. These records can be accessed online or in person at the court clerk's office where the case was handled.
On the other hand, the records of the United States District Court for the District of Delaware are included among group 21 at the National Archives in Philadelphia. Interested persons can visit the office to view records. Alternatively, interested persons can access federal court records using the Public Access to Court Electronic Records (PACER), a federal court records database.
What Are Public and Non-Public Court Records in Delaware?
In Delaware, court records are generally considered public, meaning anyone can view and copy these records. However, certain court records are sealed, redacted, or restricted for privacy or confidentiality reasons:
| Public Court Records | Non-Public Court Records/Redacted Information |
|---|---|
| Criminal case files (including arrest records, trial dates, and conviction records) | Juvenile records and sealed criminal records |
| Civil case records | Trade secrets, financial records, Social Security numbers, and other government-issued personal identification numbers |
| Family law case records | Adoption records, domestic violence victim information, information involving minors, and mental treatment records |
| Probate records | Mental-health related information |
| Traffic case records | Driver's license number |
How To Seal or Expunge Delaware Court Records
In Delaware, expungement means that all law enforcement agency records and court records relating to a particular case are destroyed, removed, or placed in the custody of the State Bureau of Identification. These records are closed, meaning that members of the public can not access them.
It's important to note that records of certain offenses may not be expunged in Delaware. Some of these offenses include:
- Murder
- Rape
- Second-degree vehicular assault
- Incest
- Unlawful sexual contact in the third-degree
- Unlawfully dealing with a child
Similarly, a person is not eligible for an expungement while they have pending criminal charges or if they are in jail, under parole, or probation.
Title 11, chapter 43, subchapter VII, of the Delaware criminal procedure, outlines the standard process for sealing or expunging criminal and court records in the state.
There are different types of Expungement in Delaware, and they include:
- Mandatory Expungement through application: in this case, an individual requests expungement of records through the State Bureau of Identification. This type of expungement applies to records of minor offenses. Only people with no prior or pending convictions are eligible for mandatory expungement. It also applies to post-conviction records.
- Automatic Mandatory Expungement: In this case, the State Bureau of Identification decides to expunge an individual's criminal records on its own without a formal request. This procedure is defined by subsection 4373(a) of the Delaware Crimes and Criminal Procedure.
- Discretionary Expungement through application to court: in this case, an individual files a petition for expungement with the sentencing court. This process may require the petitioner to justify why the records should be expunged. Discretionary expungement through the court applies mostly to convictions of non-violent felony crimes.
- Discretionary Expungement following a pardon: here, an individual pardoned by the state's Governor may request expungement of records. Note that convictions of manslaughter, first and second-degree murder, rape, and sexual abuse of a child are not eligible for expungement.
How To Seal Court Records in Delaware
The sealing process in Delaware involves filing a petition to seal records with the court that handled the case.
Once the petition is received, the court reviews it and contacts the relevant agencies to determine whether the record should be sealed. Note that sealed records will require a court order to be accessed. a court order to be accessed.
How To Expunge Court Records in Delaware
The expungement process in Delaware depends on whether the individual is applying for a mandatory or discretionary expungement. To apply for mandatory expungement, interested persons may contact the Delaware State Bureau of Identification at (302) 739-5871 and ask for expungement.
In contrast, discretionary expungement requires the individual to file a petition for expungement with the sentencing court. To access expungement forms, visit the Delaware Judicial Branch website.
Petitioners must obtain their criminal history report from the State Bureau of Identification. The criminal history report, and applicable fees, must be filed with the petition.
After receiving the petition, the court will send a copy of the petition to the Attorney General. The attorney general has 120 days to respond. In situations where the attorney general opposes the petition, the individual must respond within 30 days.
The response along with the original petition will be reviewed by a judicial officer to decide if a hearing is necessary. If the judicial officer decides that the individual is eligible for a discretionary expungement, the case will go to a judge.
How Do You Access State of Delaware Court Records?
Delaware State court records are open records available for inspection upon request. However, certain court records may be restricted due to other public concerns, including confidentiality.
The Delaware Judicial Branch has formal public access policies and procedures for releasing court records to the public. Generally, each court in Delaware maintains records of cases filed within its jurisdiction. Interested persons can access court records online, in person, or by mail.
Online Access to Delaware Court Records
Delaware Judicial Branch maintains a statewide online civil case information portal that allows the public to view civil cases of the Superior Courts, Courts of Common Pleas, and Justice of the Peace Courts.
The civil case information portal, also known as CourtConnect, is a 24-hour case information portal that allows Delaware court record searches by name or case type.
Additionally, the Delaware Judicial Branch maintains an online electronic database that allows the public to search for opinions and orders of various courts. This database allows court records searches by name.
In-Person Access to State of Delaware Court Records
Most Delaware courts provide physical access to court records at the court location. This service is generally required for records that are not available online. To access or obtain a court record in person, requesters must visit the clerk's office of the specific court where the case was filed.
Generally, requesters must submit their request through written applications or a request form. They must also provide relevant information, such as case numbers and the names of parties, to facilitate the search.
How To Request Judicial Administrative Records?
Delaware judicial administrative records are any documents, information, or data created, received, or maintained by the Administrative Office of the Courts about the administration of the state's Judicial Branch.
Delaware judicial administrative records are generally considered public records. However, certain records such as personnel records, records of employment investigations, attorney billing records, court interpreter information, trade secrets, judicial case assignments, and security records are exempt from public disclosure.
To request an open judicial administrative record in Delaware, submit a completed record request form by mail to:
Administrative Records Request
Administrative Office of the Courts
New Castle County Courthouse, Suite 11,600
500 North. King Street
Wilmington DE 19801
All requests must include sufficient information to facilitate the identification of the record that is being sought.
How To Access Older and Archived Court Records in Delaware
While some old court records are still available at the office of the clerk of the specific court where the cases were filed, most old and archived records are moved to the Delaware Public Archives.
The agency maintains case files and docket books documenting the decisions and activities of Delaware's state courts from the colonial period through the modern era.
To request Delaware's old and archived court records, submit a written request via email. To facilitate record search, requesters must submit necessary references including the type of record, county, name of the individual, and date of record.