Delaware Public Records

Delaware public records are documents created or filed in a public or government agency that may be subject to inspection, examination, and copying by any member of the public. These records typically pertain to the official functions of the state's agencies and officials. Delware's provisions for the preservation of public records are specified under the Freedom of Information Act (FOIA) and supported by Delaware State Laws. The FOIA mandates that all government agencies gather and maintain records about their official duties to enhance accountability with taxpayers. These records also help citizens monitor public officials' decisions in policy formulation and execution (Del. Laws § 10001).

Are Delaware Records Public?

Yes. The Delaware Freedom of Information Act (Del Laws § 10003) gives the general public the right to inspect and copy public records. Members of the public can perform a public records act request by contacting the custodian in charge of the desired records during business hours. Per Del. Laws § 10002(o)(1)**, **the FOIA exempts some records from public access, including:

Labor negotiation records;
Trade secrets and financial, commercial, or commercial information;
Files compiled through investigation to enforce civil or criminal laws;
Any information that could pose a security risk to individuals or infrastructure;
Files containing intelligence that are assembled for law enforcement purposes;
Any non-court records that are relevant to ongoing or prospective legal proceedings;
Documents that are expressly protected from public publication under common law or statute;
Information about criminal files and records that would violate a person's privacy if disclosed;
Information that would violate someone's privacy if disclosed, including staff, medical, or student files.

Delaware Public Records Act

First enacted in 1977, the Delaware Freedom of Information Act (FOIA) is a set of regulations that ensures public access to the public records of government organizations within the state. It emphasizes how crucial it is for everyone to observe and monitor public agencies and officials as they make decisions in a democracy. The Delaware FOIA is contained in the Delaware Code at title 29 § 10001 – 10008.

According to the Del Law § 10002 (o), a public record is any information owned, created, used, kept, received, generated, prepared, drafted, or otherwise assembled or gathered by a public body. It is information tied in any manner to public business, public interest, or public purposes, independent of the physical form or feature in which the information is stored, recorded, or replicated. Some records available to the public include:

Criminal records
Property records
Driving records
Court records
Inmate and jail records
Arrest records and warrants
Vital records (birth records 72 years and above, marriage records 50 years and above, and death records 40 years and above)

How Do I Find Public Records in Delaware?

Each Delaware government agency has unique methods and processes by which inquirers access public records in their custody. However, several similarities exist across these organizations. Inquirers may follow these steps to find a desired record:

**Step 1: Identify the desired requirement and its custodian: **Every public record in Delaware is typically managed by the state or local government agency responsible for its creation. Therefore, inquirers must know the specific record they want and the public body in charge of the record. For instance, a person seeking inmate or jail records may contact the Delaware Department of Correction, the police department, or the sheriff's office in the appropriate county.
Step 2: Confirm the record's accessibility and availability: Most government agencies provide a record request process guide through which interested persons may obtain a public record. These guides are available on the agencies' websites. Alternatively, agencies may have dedicated phone numbers or email addresses that record seekers can use to inquire about the accessibility and availability of a record.
**Step 3: Submitting the request and submission methods: **The most common method for making a record request is submitting a FOIA request in writing. According to Del Law § 10003 (f) (1), a FOIA request can also be submitted to the public organization in person, by U.S. mail, by email, by fax, or through the organization's online portal in accordance with the FOIA laws. The Office of the Attorney General has published a FOIA Request Form, which can be used to make requests. Copies of the FOIA request form may be acquired from the public record custodian's website. Every request must include sufficient information about the requested records to aid the custodian in finding the records within a reasonable timeframe. The details required typically include case information like a case number, docket number, party names, and a location, district, or city where the event occurred (usually for nationwide searches). Depending on the type of search, custodians may need a page number, the current name of the record holder and any details peculiar to the documents or the persons named therein.
**Step 4: Fee structures and payment procedures: **While payment of fees may vary based on the public agency or public record being requested, the following fees are standardized amongst state and local public agencies in Delaware:
- Photocopying fees: Standard-sized black and white copies below 20 pages are provided at no cost. Photocopies above 20 pages are charged at $0.10 per sheet.
- Oversized copies/printouts: Documents larger than 24" x 36" cost $1.00 per square foot, while copies at 18" x 22" cost $2.00 per sheet and 24" x 36" cost $3 per sheet.
- Color copies/printouts: These cost $1 per sheet for standard-sized documents and $1.50 per sheet for larger copies
- Administrative fees will be charged if processing a request takes more than one hour of staff time.
- Printouts of over 20 copies of Microfilm and/or microfiche cost $0.15 per sheet.
- The cost of the materials used to create the copies will be used to determine the charge for copying records that are kept in an electronic format.

Find Delaware Public Records Free

Inquirers may access Delaware public records at no cost by making in-person queries to the custodian's office. This may be done using the public access terminals at some offices during working hours. For instance, criminal and civil dockets and all non-confidential documents of the Superior Court are available for free viewing via public access terminals in the county courthouses. Most public agencies also provide online public records databases for looking up public information for free. The following are examples of public organizations that offer records for free to the general public in Delaware:

The Delaware Judiciary maintains an online civil case database with free public access.
Kent County Recorder of Deeds provides a deeds record search and a property records search index to the general public for free.
Delaware Department of Corrections provides an inmate locator where inquirers may view inmate information in Delaware at no cost.
The Delaware State Police provides a sex offender registry where interested persons may look up information on a sex offender at no cost.

What Happens if I Am Refused a Public Records Request?

Per Del Law § 10003 (h)(2), if a request is rejected in whole or in part, the public authority responding to the request must state the rationale for the rejection. However, the public agency is not compelled to offer an index or any other compilation for each record or portion of a record that is denied. Per Del Law § 10005, any citizen denied access to public records under the FOIA provisions may file a lawsuit within 60 days after the denial.

How Long Does It Take to Obtain a Delaware Public Record?

Government agencies are generally required to respond promptly to record requests. However, a time frame is provided through which a public body must provide a public record to a requester. According to Del Law § 10003 (h)(1), a public agency must respond to a public record request within 15 days. The response could be to provide access to the record, deny access to the whole record or portions of it, or request additional time to process the request. A public body may request extra time if it requires legal advice, the request is for voluminous records, or the requested record is archived or stored.