State Public Records Guide
Public Records in Delaware
Your comprehensive guide to accessing public records in Delaware under the Delaware Freedom of Information Act (est. 1977).
Overview of Public Records in Delaware
Delaware's Freedom of Information Act provides citizens with the right to access public records maintained by state and local government agencies. As the nation's corporate capital, Delaware maintains a unique and extensive system of business entity records through its Division of Corporations. The state's FOIA applies to all public bodies, including state agencies, counties, municipalities, and school districts. Delaware's relatively small size means that many records processes are centralized, making access somewhat more straightforward than in larger states.
Quick Reference: Requesting Records in Delaware
Response Time
Agencies must respond within 15 business days. They may request a single extension of an additional 15 business days for complex requests requiring extensive search or legal review.
Fees and Costs
Agencies may charge reasonable fees based on the cost of reproduction. Standard fees include $0.10 per page for copies and up to $20 per hour for administrative time beyond the first hour.
How to Submit a Request
Requests must be made in writing, either by mail, email, fax, or through an agency's online portal. The request should identify the records sought with reasonable specificity.
Appeal Process
Requesters may petition the Attorney General for a determination on whether records were properly withheld. They may also file suit in the Court of Chancery for judicial review.
Types of Public Records Available in Delaware
Property Records
Property records in Delaware include deeds, mortgages, liens, plat maps, and property tax assessments. These records document real estate ownership, transfers, and encumbrances. They are typically maintained at the county level and are valuable for researching property history, verifying ownership, and conducting due diligence before purchasing real estate.
How property records work →Voter Registration
Voter registration records in Delaware contain information about registered voters including names, addresses, party affiliation, and voting history. The availability of voter data varies based on Delaware election law and may be subject to restrictions on permitted uses and commercial distribution.
Understanding voter records →Court Records
Delaware court records encompass civil litigation, criminal cases, family law matters, probate proceedings, and small claims cases. These records are maintained by the state judiciary and are generally open to the public, with exceptions for sealed cases, juvenile proceedings, and certain family matters.
Guide to court records →Business Filings
Business filings in Delaware include articles of incorporation, annual reports, trade name registrations, and UCC filings. These records are maintained by the Secretary of State and provide information about business entities operating in the state, including their registered agents, officers, and current standing.
Searching business records →Vital Records
Delaware vital records include birth certificates, death certificates, marriage licenses, and divorce decrees. These documents are maintained by the state's vital records office and are essential for establishing identity, proving familial relationships, and handling legal matters such as estate settlements.
Vital records overview →Campaign Finance
Campaign finance records in Delaware document political contributions, expenditures, and donor information for state and local elections. These records are maintained by the state's election commission or ethics board and are valuable for tracking political spending and identifying donor patterns.
Campaign finance explained →How to Access Delaware Public Records
To request public records in Delaware, submit a written request to the FOIA coordinator at the relevant state agency or local government. Agencies must respond within fifteen business days. Delaware's three counties each maintain property and court records, accessible through county recorder of deeds and prothonotary offices. The Delaware Division of Corporations offers extensive online access to business entity records, which is significant given that more than a million businesses are incorporated in the state.
Online Access
Delaware Division of Corporations provides extensive online business entity search capabilities. Court records are available through the Delaware Judiciary website. Property records are maintained by county recorder of deeds offices.
Key Exemptions and Restrictions in Delaware
While the Delaware Freedom of Information Act establishes a strong presumption that government records are open to public inspection, certain categories of information are exempt from disclosure. Understanding these exemptions is important when submitting records requests in Delaware.
- Criminal investigative files in active cases
- Trade secrets and commercial or financial information
- Internal deliberative process documents
- Records that would endanger life or physical safety
- Attorney work product and legal advice
- Records specifically exempted by other state statutes
If you believe records have been improperly withheld, Delaware provides avenues for appeal. Contact the relevant oversight body or consult our guide to filing public records requests for tips on handling denials.
Key Laws and Regulations
Delaware Freedom of Information Act
Enacted: 1977
Delaware's Freedom of Information Act is codified in Delaware Code Title 29, Chapter 100. The act establishes a presumption of openness for all public records and requires each public body to designate a FOIA coordinator. The law was substantially revised in 2016 to modernize its provisions and add clearer timelines for agency responses. Delaware also has a separately codified open meetings law that governs public access to government meetings and deliberations.
Key Features of Delaware's Records Law:
- Delaware's Division of Corporations maintains records for over 1.5 million business entities incorporated in the state
- The state revised its FOIA significantly in 2016 to add clearer deadlines and procedures
- Delaware has only three counties, centralizing many records functions
Delaware Public Records Facts
Over 65 percent of Fortune 500 companies are incorporated in Delaware
The Division of Corporations generates over $1 billion in annual revenue for the state
Delaware has approximately 740,000 registered voters
The state's three counties collectively maintain records dating back to the 1600s
Search Delaware Public Records
Use OpenDataUSA to find publicly available records across Delaware. Enter a name below to search public records in DE.
Frequently Asked Questions About Delaware Public Records
How do I search Delaware business records?
How long does Delaware take to respond to FOIA requests?
Are Delaware court records available online?
How do I get Delaware vital records?
Related Articles
Court Records Guide
How to search federal and state court records online, including PACER and state databases.
Property Records Explained
Research real estate ownership, deeds, tax assessments, and transaction history.
Voter Registration Lookup
What voter files contain, why they are public, and how to access them.
FOIA Request Guide
Step-by-step instructions for filing public records requests with government agencies.
Background Check Guide
Everything you need to know about background checks, FCRA compliance, and your options.
FCRA Compliance Guide
What the Fair Credit Reporting Act covers and how it affects people search sites.
How Public Records Work
An overview of what information is publicly available and how government records are maintained.
People Search Tips
10 practical tips to improve your people search results using public records.
Additional Resources
Disclaimer: The information on this page is provided for educational purposes and reflects publicly available information about the Delaware Freedom of Information Act. Laws and procedures change over time. For the most current requirements, contact the relevant oversight agency in Delaware or consult a legal professional. OpenDataUSA is not a consumer reporting agency as defined by the FCRA. Do not use information obtained from this site for employment, tenant screening, or credit decisions.