Your Comprehensive Guide to Delaware Public Records
Delaware Public Records
Delaware public records include documents, data, and information generated, maintained, or received by state and local government agencies. Access to these records is governed by the Delaware Freedom of Information Act (29 Del. C. § 10001 et seq.), which establishes the right of the public to inspect and copy government records, subject to specific exemptions for privacy, security, and other legal protections.
Are Delaware Records Public?
Yes, under the Delaware Freedom of Information Act (FOIA), most records kept by Delaware public agencies are presumed open and available for public inspection and copying. Any citizen of Delaware may submit a FOIA request. However, the law includes exemptions for ongoing investigations, personnel records, trade secrets, and information protected by other statutes or privacy laws.
What Information Is Included in Delaware Public Records?
Delaware public records cover a wide range of government-held information, such as:
- Court records (civil, criminal, probate, and family)
- Real estate, property, and land records
- Business entity filings and corporate registrations
- Vital records (birth, death, marriage, and divorce certificates)
- Meeting agendas, minutes, and resolutions
- Contracts, budgets, and audits
- Police reports, arrest logs, and jail records
- Employee rosters and salary data
- Legislative records, executive orders, and agency rules
Exemptions under state or federal law may apply to specific records, including medical information, Social Security numbers, confidential law enforcement files, and juvenile records.
What Does the Delaware Public Records Law Do?
The Delaware FOIA:
- Guarantees public access to government records, unless an exemption applies
- Requires agencies to respond to FOIA requests in writing within 15 business days
- Mandates the disclosure of non-exempt records, with redactions as needed to protect sensitive information
- Limits fees to actual costs for duplication and, in rare cases, search or retrieval
- Establishes a clear process for appeals if access is denied
Agencies are not required to create new documents or answer questions beyond what is already in their existing records.
How To Find Public Records in Delaware in 2025
Requests for public records in Delaware can be submitted by mail, email, online portal, or in person to the relevant agency’s FOIA coordinator. Clearly specify the records you seek, including relevant names, dates, and details. Many records, such as court dockets and corporate registrations, are available online, while others require a formal written request.
Delaware Division of Motor Vehicles
303 Transportation Circle, Dover, DE 19901
Phone: (302) 744-2500
Delaware Division of Motor Vehicles
Delaware Office of Vital Statistics
417 Federal Street, Dover, DE 19901
Phone: (302) 744-4549
Delaware Office of Vital Statistics
Delaware State Police, State Bureau of Identification
600 S. Bay Road, Suite 1, Dover, DE 19901
Phone: (302) 739-2528
Delaware State Police, State Bureau of Identification
Delaware Judiciary (Supreme Court, Court of Chancery, Superior Court, Family Court)
405 N. King Street, Suite 507, Wilmington, DE 19801
Phone: (302) 255-0800
Delaware Judiciary
Delaware Department of State, Division of Corporations
401 Federal Street, Suite 4, Dover, DE 19901
Phone: (302) 739-3073
Delaware Division of Corporations
Delaware Public Archives
121 Martin Luther King Jr. Blvd. North, Dover, DE 19901
Phone: (302) 744-5000
Delaware Public Archives
Delaware Department of Education
401 Federal Street, Suite 2, Dover, DE 19901
Phone: (302) 735-4000
Delaware Department of Education
Delaware Department of Natural Resources and Environmental Control
89 Kings Highway, Dover, DE 19901
Phone: (302) 739-9000
Delaware Department of Natural Resources and Environmental Control
Delaware Department of Finance, Division of Revenue
820 N. French Street, Wilmington, DE 19801
Phone: (302) 577-8200
Delaware Division of Revenue
Delaware General Assembly
411 Legislative Avenue, Dover, DE 19901
Phone: (302) 744-4114
Delaware General Assembly
Delaware Department of Justice (Attorney General’s Office)
820 N. French Street, Wilmington, DE 19801
Phone: (302) 577-8500
Delaware Department of Justice
Delaware State Ombudsman, Office of the Public Advocate
29 Del Tech Drive, Dover, DE 19904
Phone: (302) 241-2555
Delaware Public Advocate (Ombudsman)
Delaware State Housing Authority
18 The Green, Dover, DE 19901
Phone: (302) 739-4263
Delaware State Housing Authority
Does Delaware Have Free Public Records?
Many public records in Delaware can be inspected for free at agency offices during business hours. Some agencies offer online access at no charge for court dockets, legislation, or meeting agendas. However, certified copies, extensive searches, or special formats (digital media, microfilm) may incur fees. Agencies must post fee schedules and may only charge the actual cost of duplication.
How Much Does It Cost To Get Public Records in Delaware?
State law allows agencies to charge only for the actual costs of copying records (often $0.10–$0.50 per page for standard copies) and, in rare circumstances, reasonable staff time for research beyond one hour. Certified vital records and certain court documents may cost more ($25 for a birth certificate, for example). Reviewing records on site is typically free.
How Long Does It Take to Obtain Public Records in Delaware?
Delaware FOIA requires agencies to respond to requests within 15 business days. Simple requests may be fulfilled within days, while complex or high-volume requests may take longer if redaction is needed. If records are denied or delayed, agencies must provide a written explanation and an expected timeline for fulfillment.
What Records Are Confidential In Delaware?
Exemptions from public access under Delaware law include:
- Ongoing criminal investigations and arrest reports
- Juvenile and adoption case files
- Personnel and medical records
- Trade secrets and proprietary business information
- Records protected by federal law (e.g., HIPAA, FERPA)
- Confidential financial or legal advice to public bodies
When only part of a record is exempt, agencies must redact only the confidential portion and provide access to the rest.
Who Has the Right To Request Public Records in Delaware
Only Delaware citizens have the statutory right to request public records under FOIA, although many agencies voluntarily process out-of-state requests. No reason is required for a request, and agencies may not ask about the requester’s purpose except as required by law for certain sensitive records.
What Can Be Done With Public Records in Delaware
Delaware public records are used for:
- Legal, regulatory, and compliance research
- Investigative journalism and public oversight
- Academic, historical, and genealogical research
- Background checks, real estate, and business transactions
Improper use of public records for fraud, harassment, or other criminal activity is prohibited by law.
How to Appeal a Denied Public Records Request in Delaware
If your FOIA request is denied, the agency must state the legal reason in writing. Steps to appeal:
- Contact the agency’s FOIA coordinator or supervisor for clarification or informal resolution.
- File a formal appeal with the head of the public body or agency.
- If unresolved, appeal to the Delaware Attorney General’s Office for review and an official opinion.
- Ultimately, requesters may file a petition in Delaware Superior Court to compel disclosure if necessary.
Delaware Department of Justice (Attorney General’s Office)
820 N. French Street, Wilmington, DE 19801
Phone: (302) 577-8500
Delaware Department of Justice
Difference Between Federal and Delaware Public Records
Delaware FOIA governs state and local agencies, while the federal Freedom of Information Act (FOIA) applies to federal agencies. Key differences:
- Jurisdiction: Federal FOIA covers U.S. agencies; Delaware FOIA covers state/local bodies.
- Exemptions: Each law lists its own exemptions for privacy, security, or law enforcement.
- Eligibility: Delaware law restricts access to Delaware citizens; federal FOIA is open to any person.
U.S. Department of Justice, Office of Information Policy (FOIA)
441 G St NW, 6th Floor, Washington, DC 20530
Phone: (202) 514-3642
U.S. Department of Justice, Office of Information Policy (FOIA)