Table of Contents
- Delaware State Public Records Search Online
- What Records are Public in Delaware?
- Delaware Public Records Laws
- Delaware Public Records Search
- Types of Public Records in Delaware
- What Information is Exempt from the Public Records Law in Delaware?
- Other Public Records in Delaware
- Frequently Asked Questions
Delaware State Public Records Search Online
Delaware public records are documents owned or compiled by state public bodies. They cover public business, matters of public interest, and public purposes and are stored in various formats.
The Delaware Freedom of Information Act (DE FOIA) is the state law that gives the public access to these records. This legislation is vital in a democratic society as it enables citizens to observe the performance of public officials and monitor their decisions.
Delaware public records contain valuable information. Individuals can use these documents to conduct background checks, research property ownership, and investigate public issues. Furthermore, these records support academic research and journalistic endeavors and serve as a tool to hold the government accountable.
What Records are Public in Delaware?
Most government records are considered public in Delaware. Interested stakeholders can request these documents from local or state government entities.
What is Considered Public Information in Delaware?
Public information in the state refers to data generated, acquired, or received by governmental bodies while performing their official functions. Below are the considered public information in the state:
- Vital statistics
- Court records
- Criminal documents
- Driver data
- Property details
Delaware Public Records Laws
The Delaware Freedom of Information Act (DE FOIA), in alignment with the federal Freedom of Information Act (FOIA), grants individuals the privilege to access government records, except those deemed confidential. These legislations catalyze transparency and provide a systematic approach for citizens to procure public information from government entities.
What is the DE FOIA?
The DE FOIA is the state's primary public record statute. It serves as a gateway for the general public to access governmental bodies' public records within Delaware.
The act defines public records as information gathered by any public body directly or indirectly linked to public business, public interest, or public objectives. These records can be documents, books, recordings, maps, photographs, or electronic data processing files.
While the law promotes transparency, it also establishes several exemptions to safeguard sensitive information from public disclosure. For a list of these exemptions, check the "What Information is Exempt from the Public Records Law in Delaware?" section of this page.
What is the Federal FOIA in Delaware?
The federal Freedom of Information Act (FOIA) complements the state's public records law. It primarily applies to federal government agencies and grants the public access to various federal records, such as documents and emails.
Despite its transparency objectives, FOIA incorporates nine exemptions. These are designed to safeguard information that may disrupt federal operations or violate personal privacy.
Who Can Access Public Records in Delaware?
In Delaware, any resident can request public documents without the obligation to justify their inquiry. Public entities, on the other hand, are mandated to address these requests promptly within a 15-day timeframe.
According to the DE FOIA (Delaware Freedom of Information Act), all public records are open for inspection and duplication during regular business hours under the supervision of the records custodian. Citizens are granted reasonable access and copying privileges upon submitting appropriate requests unless specific laws restrict public access to certain records.
Non-residents also have the option to access records online or receive copies of public records. However, this is at the discretion of the custodian.
Delaware Public Records Search
In Delaware, accessing public records involves contacting the relevant custodian responsible for the specific information needed. Since various state agencies manage different categories of records, individuals should anticipate distinct procedures for obtaining the desired public information.
Typically, record seekers must complete a specified form or submit a written request specifying the particular record they wish to obtain. These requests can then be forwarded to the custodian agency online or through conventional methods.
How to Find Delaware Public Records Online
Delaware public records are easily accessible online using the methods outlined below:
Government Websites
Accessing Delaware public records online through government websites is the most recommended and reliable method. These official websites offer accurate and consistent information compared to other online sources.
To request a public record using these official channels, individuals should visit the website of the custodian agency. They must then navigate it to locate the available online access options.
Usually, online access involves filling out a web form, where record seekers need to provide details about their desired documents and contact information. After completing the form, the requester must pay any applicable fees to complete the online request process.
Email Requests
Most custodian agencies in Delaware provide their email addresses on their official websites. Record seekers can use these to submit a public record request.
To initiate this process, individuals should send an email request letter. This letter must contain enough information about the desired record and include contact information about the requester.
Upon receiving the request, the agency will review and process it accordingly. If the records are available electronically, they will be emailed to the requester. When the records are unavailable online, the agency may offer guidance on obtaining physical copies.
Third-Party Services
Another alternative for accessing Delaware public records online is through third-party websites. These platforms offer user-friendly tools for comprehensive searches and enable users to look up specific records or conduct broader searches.
To utilize these tools, individuals should furnish sufficient information such as the subject's name, last known location, and other relevant descriptors.
Typically, these online platforms offer free services. However, since they are not government-affiliated, the accuracy and availability of their records can vary.
How to Find Delaware Public Records Offline
Several methods are available for accessing Delaware public records offline. These include in-person visits, mail requests, and phone or fax inquiries.
To make a request in person, individuals must go to the designated record custodian's physical location during office hours. In this visit, they must complete a public record request form or provide a detailed description of the desired records they need. They must also pay the necessary fees to finish the process.
For mail requests, record seekers can follow the steps below:
- Find the official mailing address of the record custodian either on their website or by contacting them directly.
- Complete the appropriate form or draft a detailed letter outlining the desired records and contact information.
- Send the form or letter, along with any required documents and payment, to the agency's address.
Besides that, record custodians often accept request inquiries via phone or fax. To check if a particular Delaware agency allows these channels, it is advisable to contact them directly via the contact information found on their websites.
Types of Public Records in Delaware
Delaware has numerous types of public records. Each type serves specific legal and administrative purposes. The following are the commonly sought-after categories of public records in the state:
State of Delaware Public Court Records
Delaware court records refer to documents generated throughout legal proceedings. These records include complaints, court orders, transcripts, and verdicts, vital for legal research, facilitating appeals, and upholding judicial accountability.
Court records in Delaware are considered public records. These are open to the general public unless restricted by court order or statutory provisions.
Individuals can retrieve and duplicate the state's court records in various ways.
For convenient access, interested parties can utilize online platforms such as Delaware CourtConnect for civil cases and the Delaware Courts website for appellate court opinions and orders. These resources are regularly updated, which enhances convenience for users seeking court-related information.
Furthermore, individuals keen on obtaining Delaware court records can directly approach specific courts through mail or in-person visits.
Delaware Public Bankruptcy Records
Delaware bankruptcy records are a repository of financial information about entities or individuals undergoing bankruptcy proceedings. These records cover the debtor's identity, income sources, asset portfolio, business interests, and specifics like case number, status, and a comprehensive list of creditors.
Under federal and state regulations, bankruptcy records are generally considered public, except in sealed cases. Interested parties can access these records through multiple avenues.
The U.S. Bankruptcy Court, District of Delaware, oversees bankruptcy proceedings and discharges. Individuals can visit this agency to gain in-person access to the state's bankruptcy documents. Alternatively, individuals can utilize the Case Management/Electronic Case Filing (CM/ECF) to obtain bankruptcy case information.
Moreover, the Public Access to Court Electronic Records (PACER) allows users to track bankruptcy case statuses. This system requires users to create an account and charges a minimum fee per bankruptcy record search.
For a user-friendly alternative, the Voice Case Information System (VCIS) enables individuals to inquire about bankruptcy in the state by dialing (866) 222-8029 without incurring any costs.
County Court Records in Delaware
County court records in Delaware are official documentation maintained by county-level courts in the state that details legal proceedings, such as civil disputes, criminal cases, and administrative matters.
The state features various court types, each specializing in specific case categories:
- Justice of the Peace Court: Handles criminal and civil cases.
- Court of Common Pleas: Hears criminal case appeals.
- Family Court: Manages juvenile affairs.
- Superior Court: Oversees civil and criminal suits.
- Court of Chancery: Deals with equity cases.
Individuals must identify the appropriate court handling their desired record to obtain Delaware county court records. Upon identifying the court, they can submit a request to the office in person or via mail. Most court mail addresses are found on their official website.
The request letter must include a court records identifier to streamline the search process. Each court requires specific information. Hence, it is advisable to inquire beforehand. Below are some of the court contact information in Delaware:
- New Castle County Court of Common Pleas: (302) 255-0900
- New Castle County Superior Court: (302) 255-0800
- New Castle County Family Court: (302) 255-0300
- Kent County Court of Common Pleas: (302) 735-3900
- Kent County Superior Court: (302) 735-1900
- Kent County Family Court: (302) 672-1000
- Sussex County Court of Common Pleas: (302) 858-5700
- Sussex County Superior Court: (302) 855-7055
- Sussex County Family Court: (302) 855-7400
Moreover, most county court records in Delaware are accessible online via the CourtConnect platform. This service allows free remote searching of court records using party name, case type, judgment status, and other parameters.
Delaware Criminal Records
Delaware criminal records offer a comprehensive account of an individual's criminal past. Commonly referred to as a rap sheet, this document is meticulously compiled from various sources, including courts, correctional facilities, and state agencies.
State criminal records typically contain details of arrests, convictions, and periods of incarceration. Although the methods of collecting and storing criminal records differ across counties, the majority are centralized and managed by the Delaware State Police (DSP).
Access to Delaware criminal records is generally open to the public unless restricted by legal mandates or court orders. The State Bureau of Identification (SBI), a division operating under the DSP, serves as the custodian of these records.
Individuals seeking to conduct a criminal record search in Delaware must visit a DSP office in person. During the visit, the requester must submit the subject's fingerprint card, along with a valid photo ID, such as a driver's license or state ID card, from any jurisdiction.
Note that the SBI imposes a fee for processing criminal record requests.
Delaware Public Arrest Records
Delaware arrest records are official documents detailing individuals apprehended by law enforcement and brought into custody. These records include the following information:
- Suspect's physical description
- Personal details
- Booking information
- Specifics of the arrest
- The name and signature of the arresting officer
- Details of the police investigation
- The warrant issuer
While Delaware arrest records are generally accessible to the public through law enforcement agencies, certain circumstances may restrict their availability. For instance, if disclosure could compromise an ongoing investigation or reveal confidential sources, access to these records may be limited.
State courts, police departments, and other government entities are tasked with maintaining arrest records. Individuals seeking access to these documents can visit these agencies in person.
Alternatively, individuals can utilize third-party websites that consolidate data from law enforcement databases. These platforms allow users to efficiently retrieve arrest records by providing details such as the suspect's name, physical description, and current location.
Delaware Vital Records
Delaware vital records are a wide array of documents detailing significant life events of individuals within the state. These records cover marriages, deaths, births, adoptions, separations, pregnancy terminations, divorces, and more.
Access to vital records in Delaware is often restricted and considered confidential. Only the individuals named on the record, immediate family members, or legally authorized representatives are usually granted access. However, these records became public after specific years had passed since the record's creation.
The Delaware Department of Health and Social Services Division of Public Health and local county health departments are responsible for creating and maintaining these vital records. While no centralized database exists for searching these records, individuals can request them online, in person at the custodian agency, or through mail.
Note that individuals seeking Delaware vital records must provide an official valid photo ID. Additionally, proof of their relationship to the individual named on the record and payment of applicable fees may be required.
Delaware Public Birth Records
Delaware birth records, also known as birth certificates, document births within the state's boundaries. These records typically include crucial details such as the child's name, gender, birth date, birthplace, parents' names, and other pertinent information.
Access to Delaware birth records is restricted to the public until 72 years after the birth event, at which point the records are made available through the Delaware State Archives.
Prior to the 72-year mark, only specific individuals are permitted to access these records. This exclusive group includes the individual named on the record, their current spouse, adult children, parents or legal guardians, and authorized legal representatives.
To access Delaware birth records, interested parties can utilize the two third-party record providers (GoCertificates and VitalChek Network) partnered by the Office of Vital Statistics (OVS).
Besides that, those interested send their requests through mail. To facilitate this process, record seekers must download, print, and complete the Application for a Certified Copy of a Delaware Birth Certificate. Requesters must then enclose a copy of a valid official photo identification and a $25 fee. The complete package must then be sent to either one of the following addresses:
OVS, New Castle County
258 Chapman Road
Newark, DE 19702
OVS, Kent County
417 Federal Street
Dover, DE 19901
OVS, Sussex County
546 S. Bedford Street
Georgetown, DE 19947
Individuals can also visit one of the mentioned locations in person to gain access to the state's birth records.
Delaware Public Death Records
Delaware death records document and verify deaths within the state. They contain information such as the deceased's name and date of birth, as well as details about the date and location of death, place of death, and cause of death.
According to the Delaware State Code, death records are considered confidential until 40 years after the individual's passing. After this period, they become publicly accessible through the Delaware State Archives.
Delaware death records can be accessed through third-party providers partnered with the OVS (Office of Vital Statistics). Individuals can also request these documents by filling out an Application for a Certified Copy of a Delaware Death Certificate, preparing a copy of a photo ID, and paying a $25 fee.
These documents and payment should then be sent in person or by mail to one of the designated addresses below:
OVS, New Castle County
258 Chapman Road
Newark, DE 19702
OVS, Kent County
417 Federal Street
Dover, DE 19901
OVS, Sussex County
546 S. Bedford Street
Georgetown, DE 19947
Delaware Public Marriage Records
Delaware marriage records serve as validators of marriages conducted within the state. These records, comprising marriage certificates and licenses, are sought for various purposes such as genealogical research, legal matters, and identification needs.
Typically, Delaware marriage records include vital details like the marriage license number, the full names of the bride and groom along with their parents, and the location of the marriage. They also contain the names and signatures of witnesses, the officiant, and the date and time of the marriage ceremony.
Under Delaware law, marriage records become publicly available after 50 years. Prior to that, access is restricted to the individuals named in the records, their immediate family members, or authorized legal representatives.
The Delaware Public Archives is the repository for public marriage records. It offers an Online Marriage Index, which enables remote access to marriages occurring from 1855 to 1970 for a nominal fee.
For more recent or confidential marriage records, individuals can approach the OVS (Office of Vital Statistics). Requests for these records can be made by visiting in person or mailing a completed Application for a Certified Copy of a Delaware Marriage Certificate along with a copy of photo ID and fees to one of the addresses below:
OVS, New Castle County
258 Chapman Road
Newark, DE 19702
OVS, Kent County
417 Federal Street
Dover, DE 19901
OVS, Sussex County
546 S. Bedford Street
Georgetown, DE 19947
Delaware Public Divorce Records
Delaware divorce records are comprehensive files that document the legal proceedings of divorce cases heard in the state's family court. These records include divorce decrees, pre-trial paperwork, and evidence presented during the trial.
Individuals seeking copies of Delaware divorce records can submit a request to the records department of the family court located in the county where the divorce was finalized. Requests can be sent in person or through mail.
Those opting to make a request in person must visit the court during operating hours. Requesters must provide personal information, including their names, dates of birth, and a valid photo ID. Additionally, they must provide details on divorce dates and the full names of individuals involved to locate and retrieve records efficiently.
Alternatively, individuals can request copies of Delaware divorce records via mail by sending a written request and fees to the records department of the relevant family court. The written request should contain all pertinent information to locate the required records accurately.
Family courts in Delaware charge fees for obtaining divorce records. Certified copies are $4 each, exemplified copies are $5 each, and non-certified or plain copies are $1 each.
Delaware Property Records
Delaware property records include a wide range of materials about property ownership, including deeds, tax records, mortgages, and more. As mandated by state law, these records are considered public information.
The county's recorder of deeds office is the primary custodian of property records. Individuals interested in accessing these documents can visit the office in person or send a request through mail.
These custodian agencies also offer online databases that give the public access to property records. For instance, the New Castle Recorder of Deeds offers the Parcel Search tool, which enables users to search for property records using various criteria such as parcel number, street name, or deed book.
Besides official channels, Delaware property records are accessible through third-party services. These services are not geographically limited, and their tools are straightforward. However, the information on these sites may vary due to their independent nature and lack of governmental affiliation.
Delaware Inmate Records
Delaware inmate records are repositories of information regarding individuals incarcerated in correctional facilities under the jurisdiction of the state, counties, or municipalities. These records include inmate profiles, mugshots, personal data, specifics of charges and sentences, current custody status, sentence duration, time served, and the confinement facility.
The Delaware Department of Corrections (DOC) oversees the maintenance of inmate records for state-operated institutions. To access inmate information, interested parties can utilize the inmate locator tool or reach out to the DOC via mail at the following address:
Department of Correction
Attn: Tim Martin, Legal Services Administrator
245 McKee Road Dover, DE, 19904
On the other hand, requests for records held by county or community correctional facilities should be directed to their respective addresses or administrative offices.
Delaware Traffic Records
Traffic records in Delaware are official archives detailing state residents' traffic and driving background in the past three years. These documents contain traffic tickets, violations, convictions, and license specifics. The Delaware Division of Motor Vehicles (DMV) and Delaware courts are the custodians of these records.
Individuals keen on accessing these records can do so through various channels, including in-person visits, online inquiries, or mail requests. However, Delaware Title 21 Section 305 can redact or withhold specific details to protect sensitive personal information.
License Plate Lookup in Delaware
License plate lookup in Delaware involves investigating a license plate number to uncover specific details about a particular vehicle. This information may include details about the vehicle owner, specifications, registration status, market value, and title branding.
There are numerous methods for conducting a license plate lookup in Delaware. One approach is directly contacting the DMV, which maintains comprehensive vehicle and driver records within the state. Additionally, individuals can utilize third-party services, such as the approved data providers of the National Motor Vehicle Title Information System (NMVTIS).
Interested parties must provide the license plate number and the required fee to facilitate this procedure.
What Information is Exempt from the Public Records Law in Delaware?
As outlined in the Delaware Code Title 29 Section 10002, the following information is exempted from public disclosure under the state's public records law:
- Personnel, medical, or pupil files that could violate personal privacy
- Trade secrets and confidential commercial or financial data
- Investigatory files for law enforcement purposes
- Criminal files protecting personal privacy
- Intelligence files that could endanger public welfare
- Records exempted by statute or common law
- Charitable contribution records with anonymity requests
- Labor negotiation or collective bargaining records
- Pending or potential litigation records not in court
- Executive session discussion records
- Concealed carry permit holder identities or addresses (accessible to law enforcement)
- Library user identification and materials usage records
- Victims' Compensation Assistance Program investigative files
- Postmortem examination media recordings
- Delaware General Assembly members and staff emails
- Records jeopardizing state-owned structures' security or aiding terrorist activities
Other Public Records in Delaware
Below are the other classifications of public records in Delaware:
- Delaware Public Sex Offender Records: These records contain information about individuals convicted of certain sex-related offenses in the state. The DSP (Delaware State Police) maintains a central online registry to allow public access to these records.
- Delaware Warrant Records: Delaware warrant records are legal documents issued by a judge or magistrate that allow law enforcement to arrest an individual or search a person or property. Individuals can access these records via the online warrant search system or by visiting the relevant police department or sheriff's office.
- Delaware Environmental Records: Records related to environmental permits, inspections, and enforcement actions in Delaware are considered public records and can be accessed through the Delaware Department of Natural Resources and Environmental Control (DNREC).
- Delaware Unclaimed Property Records: The Delaware Department of Finance (DDF) maintains unclaimed property records, such as abandoned bank accounts and uncashed paychecks. The public can access these records and claim them accordingly.
Frequently Asked Questions
The following commonly asked questions can be helpful for individuals seeking more information about public records in Delaware:
Can Individuals Find Free Public Records in Delaware Using Third-Party Sites?
Individuals seeking Delaware public records can access them for free through third-party websites. However, it is advisable to exercise caution when using these platforms since the accuracy of information can vary due to questionable data sources.
To streamline the search and guarantee reliable results, it is best to utilize reputable websites or those endorsed by government agencies. This approach minimizes potential complications and enhances the efficiency of accessing and retrieving accurate public records in Delaware.
How to Find out if someone has a Warrant Online for Free in Delaware?
Delaware residents can check the existence of a warrant online for free by utilizing the state's online warrant search system. This platform enables users to search based on the individual's first and last name.
Additionally, certain local law enforcement agencies may offer online databases for easy access to warrant information under their jurisdiction.
What Happens if Individuals Are Refused a Public Records Request?
When individuals in Delaware face refusal of a public records request, they can petition the Attorney General to assess if the denial aligns with the DE FOIA (Delaware Freedom of Information Act). If the denial is in violation, the entity may be required to adhere to the law and grant access.
Alternatively, the denied requester can initiate legal action or request the Attorney General to do so on their behalf. Should the Attorney General uphold the denial, individuals can file a lawsuit within 60 days, with the burden of proof resting on the custodian to justify their decision. Successful plaintiffs may receive access to records and reimbursement for attorney fees.
How Much Do Public Records Cost in Delaware?
The cost of public records in Delaware varies based on factors such as record type, size, and custodian. While inspecting records in person or accessing public databases is typically free, obtaining copies may incur charges as outlined by the DE FOIA.
For instance, standard black-and-white copies are free for the first 20 pages and $0.10 per sheet thereafter. Additional fees also apply for oversized, colored, or microfilm copies. Moreover, administrative fees for staff time may be charged at reasonable hourly rates.