Delaware Public Records: A Complete Research Guide

Last Updated on March 21, 2026 by Editorial Staff

Delaware public records are accessible under the Delaware Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008. The law declares it vital in a democratic society that public business be performed openly so citizens can observe their officials and access public records to keep the government accountable. Delaware’s FOIA applies broadly to executive, legislative, and judicial public bodies — though the General Assembly and most courts created by the Delaware Constitution have significant carve-outs that limit what is accessible through FOIA.

Delaware residents and — in practice, though not strictly by statute — nonresidents frequently submit Delaware public records requests — sometimes called Delaware FOIA requests or Delaware open records requests — to locate governmental records, corporate filings, court information, property records, criminal history, and vital records held by agencies across Delaware’s 3 counties.

Delaware is notable nationally for two intersecting reasons: its Court of Chancery, which has global significance as the preeminent forum for corporate and business law, and its Secretary of State’s Division of Corporations, which processes more business entity registrations than any other state. Understanding Delaware’s public records landscape means understanding both its FOIA framework and its corporate records infrastructure, which are equally important for researchers.

⚠️ Legal Notice

Delaware public records law is governed primarily by 29 Del. C. §§ 10001–10008. Statutory exemptions from FOIA include: investigatory files compiled for law enforcement purposes; personnel, medical, and pupil files whose disclosure would constitute invasion of privacy; trade secrets and confidential commercial information; records of labor negotiations or collective bargaining; records created by or for members of the General Assembly or their staff (including emails); concealed carry permit holder information; and certain court and judicial records. The General Assembly’s broad self-exemption from FOIA is one of the most sweeping legislative carve-outs in any state.

This guide explains lawful public records research methods and does not constitute legal advice.

Why This Guide Is Reliable

inet-investigation.com publishes research-based guides built on primary government sources, investigative research methods, and public records law. All databases referenced in this guide link to official government websites whenever possible.

For jurisdiction-specific legal questions, consult a licensed Delaware attorney or the relevant government agency responsible for the record.

Quick Answer: Where to Search Delaware Public Records

• Delaware Courts — CourtConnect (courts.delaware.gov/CourtConnect) — free online civil case search covering Superior Court, Court of Common Pleas, and Justice of the Peace Court; 24/7 access
• Delaware Courts — Criminal Case Search (courts.delaware.gov) — criminal case information through the Delaware courts website
• Delaware State Police — SBI Background Checks (dsp.delaware.gov) — fingerprint-based criminal history; $52 state only, $65 state + federal; in-person appointment required
• Delaware State Police — Sex Offender Registry (sexoffender.dsp.delaware.gov) — free statewide sex offender search by name or neighborhood
• Delaware Department of Correction — Inmate Search (doc.delaware.gov) — free state prison inmate locator
• Delaware Secretary of State — Division of Corporations (icis.corp.delaware.gov) — free entity search for corporations, LLCs, and other entities registered in Delaware from across the world
• Delaware Secretary of State — UCC Filings (ucc.delaware.gov) — UCC financing statements; Delaware is the primary filing state for many national and international entities
• Delaware Division of Public Health — Office of Vital Statistics (dhss.delaware.gov/dph/vital) — birth ($25), death, marriage, and divorce records
• Delaware County Recorder of Deeds — Property Records — deeds, mortgages, and land instruments recorded at the county level in all 3 counties
• Delaware DOJ — Open Government / FOIA (attorneygeneral.delaware.gov/executive/open-government) — FOIA guidance, petition process, AG opinions, FOIA coordinator training materials

Why Delaware Public Records Law Is Distinctive

Delaware’s FOIA framework has several features that set it apart — including its citizen-only access requirement, the General Assembly’s sweeping self-exemption, an AG enforcement mechanism with no penalty authority, mandatory agency web portals and FOIA coordinator training, and the globally significant Court of Chancery’s unique status in business law.

Delaware FOIA is legally limited to Delaware citizens — one of only about seven states with this restriction. Under § 10003(a), all public records “shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body” — but this right is extended to “any citizen.” The AG has interpreted “citizen” to mean a citizen of the State of Delaware, and has upheld denials of requests from out-of-state requesters. In practice, many Delaware agencies voluntarily process out-of-state requests, and agencies are encouraged to do so even when not legally required. However, an agency is not in violation of FOIA if it declines to serve a non-Delaware requester. Nonresidents seeking records should consider making requests through a Delaware resident or noting any Delaware connection.

The General Assembly and all its members and staff are broadly exempt from FOIA. Records created by or relating to the General Assembly, its committees, subcommittees, members, and staff — including emails sent or received by legislators and their staff — are categorically exempt from FOIA. This sweeping legislative self-exemption covers working drafts, communications, constituent correspondence, and other legislative records that would be accessible in most other states. Delaware’s General Assembly has provided itself with one of the most complete legislative carve-outs in the country.

The AG issues written FOIA determinations but has no authority to impose penalties or grant injunctive relief. Delaware citizens may petition the Attorney General to determine whether a public body has violated or is about to violate FOIA. The AG reviews the petition, contacts the public body for a response, and issues a written determination as an opinion letter. If the AG finds a violation, the determination is published — but the AG has no authority to issue injunctions, assess fines, or compel production. The only teeth in the AG determination process are public shaming and the practical pressure it creates; the ultimate enforcement mechanism is a separate Superior Court lawsuit. This makes Delaware’s enforcement among the weakest in the Mid-Atlantic region.

Delaware requires all state agencies to have web portals for FOIA requests and to conduct mandatory coordinator training. Delaware FOIA mandates that all state agencies and public bodies develop a web portal for receiving FOIA requests online, using the standard AG-promulgated request form. Each agency must designate a FOIA coordinator, maintain a detailed tracking log for every request, and complete training courses. The AG conducts annual training for FOIA coordinators, and the 2025 training materials are publicly available. This infrastructure requirement — web portals, tracking logs, coordinator designees — makes Delaware’s FOIA administration more standardized than most neighboring states.

Before IT retrieval of emails, agencies must provide an itemized cost estimate and get the requester’s approval. Under § 10003(i)(b), when a FOIA request requires IT personnel to retrieve email records, the agency must first provide a written, itemized cost estimate to the requester and allow the requester to decide whether to proceed, modify, or cancel the request. This notice-before-cost-incurrence requirement protects requesters from unexpected charges in email-heavy requests and is more protective than most states’ email retrieval procedures.

Delaware’s Court of Chancery is the world’s preeminent corporate and equity court — its records have global significance. Delaware is home to more than 60% of Fortune 500 companies and the large majority of publicly traded U.S. corporations. The Court of Chancery, operating since 1792, has exclusive jurisdiction over all matters in equity — corporate disputes, mergers and acquisitions, shareholder litigation, trust and estate matters, and questions of title to real estate. Court of Chancery opinions and orders are some of the most important business law precedents in the world, and they are publicly accessible through the courts website. Chancery case filings are an essential research resource for corporate due diligence, litigation research, and business history.

Delaware’s fee structure includes the first 20 pages free and a $0.10 cap per page thereafter. Standard black-and-white copies are free for the first 20 pages; after that, the cost is $0.10 per page. Staff time for search and retrieval is free for the first two hours and billed at actual cost thereafter (at the rate of the lowest-paid employee who can perform the service). These are among the more accessible fee provisions in the Mid-Atlantic region, though agencies may set their own fee schedules if they provide written notice.

The Legal Framework

Delaware Court Records

Delaware has a unique multi-tiered court system reflecting its history as a corporate law jurisdiction. The courts are: Supreme Court (court of last resort; direct appeals from Chancery, Superior, and Family Courts), Court of Chancery (equity jurisdiction; corporate law; globally significant), Superior Court (general civil and criminal jurisdiction; no equity; intermediate appellate over Family Court and Court of Common Pleas), Family Court, Court of Common Pleas (limited civil/criminal), Justice of the Peace Courts (traffic, minor civil), and Administrative Court. Notably, most of these courts were created by the Delaware Constitution — not the General Assembly — which means they are not subject to FOIA in the same way as legislative-created bodies.

CourtConnect — Civil Case Search (courts.delaware.gov/CourtConnect). Delaware’s CourtConnect system provides free 24/7 online access to civil case information from the Superior Court, Court of Common Pleas, and Justice of the Peace Court. Searches are available by person name, case type, or case number. CourtConnect returns case dockets, judgment information, and register of actions. This is the primary free online civil court research tool in Delaware.

Criminal Case Search. Criminal case information is accessible through the Delaware courts website at courts.delaware.gov. Searches cover criminal cases in the Superior Court and Court of Common Pleas. Sealed cases and juvenile records are not publicly accessible.

Court of Chancery. Chancery opinions and orders are published and accessible at the courts website. The Chancery Court is the preeminent venue for Delaware corporate law and is frequently cited in business litigation worldwide. Its published opinions on corporate governance, fiduciary duties, and shareholder rights are among the most significant in American business law. Researchers conducting due diligence, M&A research, or corporate litigation support should always search Chancery records.

Delaware Supreme Court. Supreme Court opinions are freely available on the courts website. The Delaware Supreme Court publishes extensively on corporate law, and its decisions on business matters are closely followed nationally.

Copies of Court Documents. For copies of specific filed documents not accessible online, contact the clerk of the relevant court. Fees vary by court and document type. The Superior Court charges varying amounts based on the number of pages and delivery method.

Federal Court Records. Delaware has one federal judicial district — the District of Delaware — with the courthouse in Wilmington. Federal case records are accessible through PACER (pacer.gov) at $0.10 per page. Delaware federal courts handle a significant volume of patent and bankruptcy litigation due to the state’s business-friendly laws.

Delaware Criminal Records

The Delaware State Police State Bureau of Identification (SBI) maintains the state’s central criminal history repository. Delaware FOIA explicitly treats criminal records as an invasion of personal privacy — they are not accessible through standard FOIA requests. Instead, criminal history is obtained through the SBI’s formal background check process.

SBI Fingerprint-Based Background Checks ($52 state / $65 state + federal). All criminal history background checks require in-person fingerprinting at an SBI office or authorized fingerprinting location. There is no name-only public search. For a state-only certified criminal history: $52. For state plus federal (FBI) criminal history: $65. In-person appointments are required at SBI locations in Kent County (Dover), Sussex County (Georgetown), and New Castle County (Bear). Out-of-state residents may request by mail using the FBI FD-258 fingerprint card. Processing times vary.

Delaware Criminal Justice Information System (DELJIS) — Warrant Search. The Delaware Criminal Justice Information System provides a free online active warrant search by name at deljis.delaware.gov. This allows the public to check for active warrants without a formal background check.

Sex Offender Registry. The Delaware State Police maintains the Sex Offender Registry, searchable for free at sexoffender.dsp.delaware.gov by name or neighborhood search. Email subscription alerts for registered offenders in a specified area are also available.

Expungement. Delaware provides expungement options for qualifying criminal records through Superior Court petition. Certain juvenile records may also be expungeable. Expunged records are sealed from public access.

Delaware Property Records

Delaware’s property records are maintained at the county level by three County Recorders of Deeds — one each in New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). Delaware’s three-county structure makes this simpler than most states.

County Recorders of Deeds. Each county recorder records deeds, mortgages, liens, easements, and other instruments affecting real property title. The three county recorders provide access to land records. A Public Access Web Service links the three county recorders’ deed indexes and provides select real estate information including sales and transfers. Contact details: New Castle County Recorder (302-395-7700); Kent County Recorder (302-744-2314); Sussex County Recorder (302-855-7785). Many Delaware deed records are accessible online through each county recorder’s portal.

Property Tax Assessment. Property assessment and ownership data are maintained by county assessment offices. New Castle County Assessment, Kent County Assessment, and Sussex County Assessment each provide online property search tools.

Delaware Business Records

Delaware’s Division of Corporations within the Secretary of State’s office is the most significant business records repository in the United States. More than 1.9 million legal entities are incorporated in Delaware — including over 60% of Fortune 500 companies — making Delaware corporate records essential for business research regardless of where a company actually operates.

Division of Corporations — Entity Search (icis.corp.delaware.gov). The free online entity search allows anyone to search for any Delaware corporation, LLC, limited partnership, or other registered entity by name. Results include entity type, status, registered agent, and incorporation date. Certified copies of certificates of incorporation, good standing certificates, and other corporate documents are available from the Division for fees ranging from $10 to $50 depending on the document type and processing speed.

UCC Filings (ucc.delaware.gov). Delaware is the primary UCC filing jurisdiction for many large national and international companies. UCC financing statement searches are available through the Secretary of State’s UCC portal, which is critical for commercial lending due diligence.

Delaware Vital Records

The Delaware Division of Public Health, Office of Vital Statistics, maintains birth, death, marriage, and divorce records for events occurring in Delaware. The Office has locations in Dover (primary), Newark, and Georgetown.

Birth Certificates ($25). Delaware holds birth records from 1913 forward (some records from before 1913 are at the Delaware Public Archives). Certified copies cost $25 each. Access is restricted to the subject, parents, legal representatives, and immediate family with a documented need. Requests may be submitted in person, by mail, or online through VitalChek. VitalChek charges an additional service fee for online orders.

Death Certificates. The Office holds death records from 1913 forward. Certified copies are available to authorized requesters. Contact the Office for current fees and access requirements.

Marriage Records. Marriage records from 1913 forward are held at the state level. Certified copies require authorized requester status. County prothonotary or clerk offices also hold marriage license records for events in their jurisdiction and may be faster for recent marriages.

Divorce Records. Certified copies of divorce or annulment decrees from 1978 to present are available from the Family Court in the county where the divorce was granted. For in-person requests: $4 per page certified, $1 per page non-certified. Pre-1978 divorce records may be at the Delaware Public Archives.

Delaware Public Archives. Historical vital records, older court records, and government documents are held at the Delaware Public Archives (archives.delaware.gov) in Dover. Vital records microfilm is available for reproduction at $0.50 per page. This is an important resource for genealogical research and for records predating the state-level vital records registration system.

Delaware Inmate and Corrections Records

The Delaware Department of Correction manages the state prison system and provides a free offender search at doc.delaware.gov. The search returns current incarceration status, facility, offense information, and projected release date for state inmates. Delaware’s corrections population is approximately 3,500 — reflecting the state’s small size — making the single statewide search comprehensive.

Professional License Records

Delaware professional licensing is administered by the Division of Professional Regulation (DPR) within the Delaware Department of State. The DPR oversees licensing for over 35 professions and more than 100 occupational categories including physicians, nurses, attorneys, contractors, real estate professionals, and engineers. Free online license verification is available at delpros.delaware.gov. The Delaware Supreme Court’s Office of Disciplinary Counsel oversees attorney licensing; the Delaware State Bar Association (dsba.org) maintains the attorney directory.

Charity and Nonprofit Records

Charitable organizations soliciting funds in Delaware must register with the Delaware Department of Justice. Registration records are publicly available. Delaware nonprofit corporations are registered with the Secretary of State and searchable through the business entity portal. Federal Form 990 filings are publicly available through ProPublica Nonprofit Explorer (projects.propublica.org/nonprofits) and the IRS Tax Exempt Organization Search (apps.irs.gov/app/eos). Given the large number of corporate foundations and nonprofit holding structures registered in Delaware, the Division of Corporations search is also useful for researching nonprofit entities organized under Delaware law regardless of where they operate.

How to Submit a Delaware FOIA Request

1. Confirm Delaware citizenship or agency willingness to serve nonresidents. Delaware FOIA is legally limited to Delaware citizens. If you are not a Delaware resident, contact the agency before submitting a formal request to confirm whether they will process out-of-state requests. Many agencies will — especially for corporate and property records — but some may decline. If denied on citizenship grounds, consider whether a Delaware resident can submit on your behalf.
2. Use the standard AG FOIA form or equivalent written request. All FOIA requests must be in writing — submitted in person, by mail, email, fax, or through the agency’s online portal. Use the standard form promulgated by the AG (available at all agency websites) or any written request that adequately describes the records sought. The request should include your contact information and a description specific enough to allow the agency to locate the records with reasonable effort.
3. Know the 15-business-day deadline and open-ended extension. Agencies must respond within 15 business days with the records, a denial with reasons, or an advisory that more time is needed due to voluminous records, required legal review, or records in storage/archives. If more time is needed, the agency must provide a good faith estimate of when records will be available. This open-ended extension — with no maximum — is a meaningful gap in the law and can result in weeks or months of delay for complex requests.
4. Know the fee rules and request an estimate before email retrieval. The first 20 pages of standard copies are free; thereafter, the cap is $0.10 per page. Staff time is free for the first two hours, then billed at the actual rate of the lowest-paid employee who can perform the service. Legal review time is excluded from fees. If your request involves email records requiring IT retrieval, the agency must provide a written, itemized cost estimate before proceeding — you can modify or cancel the request based on the estimate. A public interest fee waiver is available at agency discretion.
5. Petition the AG for a determination — but expect no penalties against the agency. If your request is denied, you may petition the Delaware DOJ ([email protected] or by mail) for a determination of whether a violation occurred. The AG reviews the petition, contacts the public body, and issues a written opinion. If the AG finds a violation, the agency is publicly identified — but the AG cannot compel production, impose fines, or grant injunctive relief. The ultimate compulsory remedy is a private lawsuit in Superior Court, where attorney fees are available to a prevailing plaintiff. Given the cost and time of litigation, the AG petition is often a worthwhile first step even with its limited teeth.

Free Government Databases for Delaware Public Records

Common Mistakes When Researching Delaware Public Records

Submitting a FOIA request without confirming Delaware citizenship if you are an out-of-state requester. Delaware’s citizen requirement is actively enforced by some agencies. The AG has upheld denial of requests from non-Delaware residents. Rather than investing time in a detailed FOIA request that may be rejected on residency grounds, contact the agency first to confirm whether they will process your request. Many will accommodate out-of-state requesters voluntarily — but you need to know before you start the formal process, as there is no penalty if they refuse.

Expecting to obtain legislative records through FOIA. The Delaware General Assembly and all its members, staff, and committees have a broad categorical exemption from FOIA — including emails, correspondence, working papers, and constituent communications. Researchers seeking records of legislative deliberations, member communications, or staff work product will find FOIA ineffective for these categories. Check the legislature’s own published documents, committee meeting minutes (which are publicly posted), and vote records for legislative information.

Overlooking the Court of Chancery for corporate research. The Delaware Court of Chancery is the world’s most important business law court, handling corporate disputes for thousands of the largest companies globally. Its published opinions are freely accessible and represent the most current, authoritative interpretations of Delaware corporate law. Any research involving Delaware-incorporated companies — M&A disputes, shareholder litigation, fiduciary duty questions, corporate governance — should include a Chancery records search before reaching for any other source.

Trying to obtain criminal records through FOIA. Delaware FOIA explicitly treats criminal records as an invasion of personal privacy and exempts them from the Act. There is no name-based public criminal history search in Delaware. All public access to criminal history runs through the SBI’s fingerprint-based process ($52–$65, in-person or mail). For court-level criminal case information without a full background check, use the Delaware courts online criminal case search at courts.delaware.gov.

Expecting the AG’s FOIA determination to compel production. The AG can review your FOIA petition and issue a written opinion finding that a violation occurred — but cannot order records to be produced, impose fines, or grant injunctive relief. The AG’s opinion creates moral and reputational pressure, and agencies often comply voluntarily. But if an agency ignores the AG’s determination, the only compulsory remedy is a Superior Court lawsuit. Plan for this possibility when pursuing contested FOIA requests in Delaware.

Missing Delaware Public Archives for historical records. The Delaware Public Archives in Dover holds historical government records transferred from state agencies, including vital records microfilm, older court records, and historical administrative documents. Researchers seeking pre-1913 vital records, older court records, or historical government documents should check the Archives before submitting a FOIA request to an agency that no longer holds the records.

Frequently Asked Questions

Are Delaware public records open to anyone?

Technically, Delaware FOIA is limited to Delaware citizens — the AG has upheld denials of out-of-state requests on this basis. In practice, many agencies voluntarily serve non-Delaware requesters and are encouraged to do so. If you are not a Delaware resident, contact the agency first to confirm their policy. There is no purpose requirement — the reason for the request cannot be used to deny it. All requests must be in writing.

Does Delaware have a FOIA law?

Delaware’s own open records law — the Delaware Freedom of Information Act, 29 Del. C. §§ 10001–10008 — is entirely separate from the federal Freedom of Information Act, which covers only federal executive agencies. Delaware’s FOIA is notable for its mandatory web portal requirement, annual FOIA coordinator training, and detailed request tracking requirements. It is also notable for what it does not cover: the General Assembly and most constitutional courts are broadly exempt.

Are Delaware criminal records public?

Criminal records are not public under FOIA — they are explicitly exempted as an invasion of personal privacy. All public criminal history access goes through the SBI’s fingerprint-based background check process ($52–$65, in-person or mail). Court-level criminal case information is accessible through the Delaware courts online search and CourtConnect portals. The DELJIS system provides a free active warrant search by name. Sealed and juvenile records are not publicly accessible.

Where are Delaware property records searched?

Delaware has three County Recorders of Deeds — in New Castle, Kent, and Sussex counties — who record all land instruments. Identify the county where the property is located and contact or visit the relevant recorder. A Public Access Web Service links the three county recorders’ deed indexes and provides select real estate information including sales and transfers online. Property tax assessment data is held by each county’s assessment office.

Are Delaware arrest records public?

Arrest records are not broadly public through FOIA, which treats criminal records as an invasion of privacy. Law enforcement investigatory files are also FOIA-exempt. However, the DELJIS system provides a free active warrant search, the court portals show criminal case filings, and the sex offender registry is freely searchable. For a comprehensive background check, the SBI fingerprint-based process is the official path.

Can a Delaware public agency charge fees for FOIA records?

Yes. The first 20 pages of standard copies are free; $0.10 per page thereafter. Staff time is free for the first two hours; actual cost at the lowest-paid-employee rate after that. Legal review time is excluded from fees. For email retrieval requiring IT involvement, the agency must provide a written, itemized cost estimate before proceeding, giving the requester the option to modify or cancel. A public interest fee waiver is available at agency discretion.

Final Thoughts

Delaware’s public records landscape is shaped by two contrasting realities. On one hand, the state has a technically detailed, infrastructure-rich FOIA framework — mandatory web portals, FOIA coordinator training, tracking logs, email cost estimates — that demonstrates genuine administrative commitment to transparency. On the other hand, the citizen-only restriction, the General Assembly’s sweeping self-exemption, the AG’s toothless enforcement, and the criminal records privacy exemption create significant structural gaps that limit practical accessibility, particularly for out-of-state researchers.

Delaware’s most distinctive and globally significant records are its corporate records — the Division of Corporations serves nearly 2 million entities worldwide, and the Court of Chancery’s published opinions are foundational to U.S. business law. For corporate research, Delaware is the most important jurisdiction in the country regardless of where a business actually operates. For government accountability research, the limitations of FOIA (especially the legislative exemption and citizen requirement) make Delaware more challenging than most neighboring states.

For the most common research tasks: use the Division of Corporations portal for any business entity research involving a Delaware-incorporated company — which covers most major U.S. corporations. Use CourtConnect for civil case information and the courts portal for criminal case searches. For criminal background checks, plan for the SBI fingerprint process ($52–$65, in-person or mail). For vital records, contact the Division of Public Health or the Delaware Public Archives depending on the date of the record.

Related Guides

• Maryland Public Records: A Complete Research Guide
• New Jersey Public Records: A Complete Research Guide
• Pennsylvania Public Records: A Complete Research Guide
• Virginia Public Records: A Complete Research Guide
• How to Search Property Records Step by Step
• How FOIA Requests Work
• Best Government Databases for Background Research

Disclaimer

This guide is provided for informational and educational purposes only. It does not constitute legal advice. Public records laws and agency procedures change over time. Always verify current law and agency requirements directly with the relevant government office or a licensed Delaware attorney before relying on this information for legal or official purposes.