How to Access Public Records in Delaware (Property, Court, Criminal, Vital &#038; Business Records)

Public records in Delaware include property deeds, court filings, vital certificates, criminal history reports, and business registrations. These records are created and maintained by county Recorder of Deeds offices, the Delaware court system, state agencies, and the Delaware Division of Corporations. Most are accessible under the Delaware Freedom of Information Act, though certain categories are restricted for privacy and public safety reasons. Delaware is one of the smallest states by geography but one of the most significant for business records — 66% of Fortune 500 companies are incorporated here, according to Delaware’s Division of Corporations, making the Division of Corporations one of the most-searched business record systems in the country. Residents, legal professionals, journalists, genealogists, and researchers frequently perform Delaware public records searches to locate property ownership, court filings, criminal history, and business registrations. This guide explains where each type of record is held, who can request it, and how to search effectively.

Delaware — “The First State”: Delaware maintains a highly centralized government structure but relies on county-level systems for many public records. With just three counties and one of the most significant corporate law systems in the world, Delaware’s records infrastructure is compact but high-value.

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What Are Public Records in Delaware?

Public records are documents created or maintained by Delaware government agencies in the course of official public business. These include property deeds, court case files, birth and death certificates, criminal history information, and business registrations. Most records are public unless specifically restricted by privacy or safety laws.

How to Access Public Records in Delaware

Identify the type of record you need and the agency or office that maintains it.
Choose the record type — property, court, vital, criminal, or business.
Visit the appropriate portal: county recorder of deeds, Delaware courts portal, Delaware Office of Vital Statistics, Delaware State Bureau of Identification, or the Delaware Division of Corporations eCorp portal.
Search by name, case number, parcel ID, or entity file number.
Submit requests online through the Delaware Department of Justice FOIA Portal (used by most state agencies), by email, or in person during regular business hours.
Be prepared to provide valid photo ID and pay applicable fees; agencies have up to 15 business days to respond.
For a directory of official Delaware county record portals organized by county and record type, visit PublicRecordHub.

Delaware’s Open Records Law

Public records in Delaware are governed by the Delaware Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10008. The law presumes that public business is open and records are accessible unless an explicit statutory exemption applies.

In simple terms: if a Delaware government agency creates or keeps a record related to public business, you generally have the right to inspect or obtain a copy unless a specific privacy or security law prevents disclosure.

Key provisions:

Agencies have up to 15 business days to respond, with extensions permitted for large or complex requests.
Access is granted to any citizen — though Delaware’s FOIA technically applies to citizens, agencies generally fulfill requests from out-of-state requesters as a matter of practice.
Fees may be charged after the first hour of search time; fee waivers are available based on public interest.
The Delaware Department of Justice maintains a centralized FOIA Portal for submitting and tracking requests across agencies.
The Attorney General issues opinions and guidance to promote compliance.
Common exemptions include grand jury proceedings, law enforcement investigatory files, medical and health records, juvenile court records, victim and witness identifying information, and active investigation files.

Who Can Request Public Records in Delaware?

Delaware’s Freedom of Information Act technically applies to citizens of Delaware. However, the Delaware Department of Justice and most state agencies fulfill requests from out-of-state requesters as a matter of practice, particularly for non-sensitive records. Non-residents seeking records should submit requests through the standard FOIA Portal — most agencies will process them.

Certain categories of records carry access restrictions regardless of who is requesting. These include juvenile court records, sealed cases, active law enforcement investigatory files, health and medical records protected by HIPAA, and restricted vital records. The Delaware Department of Justice FOIA Portal allows requesters to track the status of submitted requests and escalate unresolved issues.

Common Reasons Records Are Denied in Delaware

Even valid requests can be denied if they fall under a recognized exemption. Common reasons include:

Active law enforcement investigatory records exempt until case closure
Grand jury proceedings and related materials
Juvenile court and dependency records protected by statute
Health and medical records protected by HIPAA and state law
Victim and witness identifying information
Personnel and employment records protected by privacy statute
Security-sensitive infrastructure and emergency response details

If your request is denied, the agency must provide the specific legal basis. You have the right to seek review through the Delaware Department of Justice and, if necessary, judicial review in Superior Court.

Unique Challenges When Searching Delaware Records

Delaware’s small size and unique legal history create specific record-search challenges:

Only three counties — Delaware has just three counties: New Castle, Kent, and Sussex. All property records, court filings, and local records are organized within these three jurisdictions. This simplifies geography but means each county office handles a large volume of records.
Court of Chancery is a separate court — Delaware’s Court of Chancery is one of the most significant business courts in the world, handling corporate disputes, equity matters, and trusts. Its records are separate from Superior Court and require a different search process.
Division of Corporations vs. local business records — Delaware is the incorporation capital of the United States, with over one million entities on file. However, the Division of Corporations tracks registered entities, not local business operations. A Delaware-incorporated company may have no physical presence in the state.
Court searches are separated by court — while the Delaware Courts website provides a centralized gateway, court access is partly centralized and partly court-specific — Delaware Courts provides a central gateway, and civil case information for Superior Court, Court of Common Pleas, and Justice of the Peace Court is available through CourtConnect, while Court of Chancery and some other records follow separate access paths.
Grantor/grantee indexing — Delaware county recorder offices index land records by grantor and grantee name as well as parcel ID. Knowing which name was the seller (grantor) and which was the buyer (grantee) matters for deed searches.

Common Mistakes When Searching Delaware Public Records

Avoiding these errors will save time and prevent unsuccessful searches:

Searching for a statewide property database — Delaware has no unified statewide land records portal. Each of the three counties maintains its own recorder of deeds system.
Using the wrong court portal — corporate and equity matters go to the Court of Chancery; criminal and civil matters go to Superior Court; family matters go to Family Court. Each has its own online portal.
Confusing Division of Corporations with local business records — a Delaware-incorporated company may operate entirely in another state. The Division of Corporations tracks the entity, not its physical location or local licenses.
Missing older deed records — historic records in county deed books dating to the 1700s and 1800s may not be fully digitized. Older records may require in-person visits to the county recorder or Delaware Public Archives.
Requesting vital records without proof of eligibility — certified copies of birth and death certificates require documentation of your relationship to the person named.
Using nicknames or maiden names — Delaware record systems index by legal name. Always use the full legal name and try maiden names, aliases, and name variations for older records.

Tips for Faster Delaware Records Requests

Use the DOJ FOIA Portal — submitting through the centralized portal at foia.delaware.gov provides automatic tracking, confirmation, and a paper trail if escalation is needed.
Specify electronic delivery — most agencies can provide records electronically at no additional cost; paper copies incur per-page fees.
Provide exact identifiers — for property records, include the parcel ID and county. For court records, include the case number and court name. For business records, include the entity file number.
Request a fee waiver if applicable — Delaware allows fee waivers based on public interest; journalists and researchers should request this upfront.
Contact Delaware Public Archives for historical records — pre-electronic records including historic deeds, colonial-era documents, and early vital records are held at the Delaware Public Archives in Dover.

Property Records in Delaware

Property records in Delaware are maintained at the county level by the Recorder of Deeds office in each of Delaware’s three counties: New Castle, Kent, and Sussex. There is no statewide property records database — all deed searches must target the specific county where the property is located.

In Delaware, the Recorder of Deeds handles recorded instruments — deeds, mortgages, liens, and easements. Property values and ownership listings are maintained separately by the County Assessor. Tax records are held by the County Finance or Tax office. These are distinct offices within each county.

What property records in Delaware contain:

Warranty deeds, quitclaim deeds, and sheriff’s deeds
Mortgages, liens, and releases
Easements and restrictions
Grantor/grantee index entries and parcel IDs
Historic deed books dating back to the 1700s in some counties
Property tax assessment data (County Assessor)

How to search property records in Delaware:

Identify which of Delaware’s three counties the property is in — New Castle, Kent, or Sussex.
Visit that county’s Recorder of Deeds website to search by grantor/grantee name, parcel ID, or document type.
Use the county assessor portal to find assessed values and ownership history.
For tax records, visit the county finance or tax office portal.
All three counties offer electronic recording and online viewing; fees apply for document downloads. Kent County deed records are electronically accessible from the 1700s to the present.
For records not yet digitized, contact the county Recorder of Deeds or visit the Delaware Public Archives in Dover.

For a directory of official Delaware county property record portals, visit PublicRecordHub.

Court Records in Delaware

Court records in Delaware are maintained by the Delaware Judiciary, which operates several distinct courts — each with its own online portal and record system. Note that the Delaware Judicial Branch is exempt from Delaware FOIA and instead follows its own public-access rules and procedures. Court record requests are governed by court rules, not the state FOIA statute.

Delaware’s court structure:

Supreme Court — appellate decisions and opinions
Superior Court — criminal and major civil cases
Court of Chancery — corporate disputes, equity matters, trusts, and estates; one of the most significant business courts in the United States
Family Court — domestic relations, juvenile, and child custody matters
Court of Common Pleas — misdemeanors and civil cases under $75,000
Justice of the Peace Courts — minor civil and criminal matters

How to access court records in Delaware:

Identify which Delaware court handled the case.
Visit the Delaware Courts website (courts.delaware.gov) and navigate to the relevant court’s case search portal.
Search by party name, case number, or filing date.
For Court of Chancery records, use the Court of Chancery case search portal — corporate and equity filings are separate from Superior Court.
For documents not available online, contact the clerk’s office of the relevant court — the official custodian of records for that jurisdiction.
Pay applicable fees for certified copies and transcripts.

Restrictions:

Juvenile records and Family Court files are confidential and not accessible through public portals.
Sealed records are not accessible through public search tools.
Some older records may require in-person requests at the courthouse.

Vital Records in Delaware (Birth & Death Certificates)

Vital records in Delaware are maintained by the Delaware Office of Vital Statistics (OVS), part of the Division of Public Health.

State-maintained records:

Birth certificates (current records through OVS; births 72 years or older held at Delaware Public Archives)
Death certificates (current records through OVS; deaths older than 40 years held at Delaware Public Archives)

Important: Marriage licenses are issued by the Office of the Clerk of the Peace in the county where the license was obtained. Marriage certificates for newer records are available through the Delaware Office of Vital Statistics, while marriage certificates older than 50 years are held by the Delaware Public Archives. Divorce decrees are maintained by the court that granted the divorce.

How to obtain Delaware vital records:

Visit the Delaware Office of Vital Statistics website or order online through VitalChek or GoCertificates.
Complete the application form for a birth or death certificate.
Provide a government-issued photo ID and proof of eligibility.
Submit requests online, by mail, or in person at an OVS office.
Pay the applicable fee; processing times range from a few days for expedited online orders to several weeks for standard mail requests.
For older archival records, contact the Delaware Public Archives — which holds birth certificates 72 years or older, death certificates older than 40 years, and marriage certificates older than 50 years.

Access restrictions:

Certified copies are restricted to the person named (if adult), parents, legal guardians, legal representatives, and those with a demonstrated legal interest.
Adoptees and individuals seeking records for gender changes require additional documentation.
Older archival records held at the Delaware Public Archives (births 72+ years, deaths 40+ years, marriages 50+ years) may have different access procedures than current OVS records.

Criminal Records in Delaware

Criminal history information in Delaware is maintained by the Delaware State Bureau of Identification (SBI), which serves as the official statewide repository for criminal history data.

Delaware is considered a closed-record state for full criminal history reports. Full statewide criminal history reports require fingerprint submission to the State Bureau of Identification. Limited conviction information may be available through court case search portals.

What Delaware criminal records include:

Arrest records and charges
Court dispositions and convictions
Sentencing details
Inmate and correctional status
Sex offender registration information

How to request criminal records in Delaware:

Certified criminal history report:

Contact the Delaware State Bureau of Identification for a fingerprint-based criminal history report.
In-person appointments or mail submissions are available at SBI locations.
Fees: $72 for a state-only report; $85 for a combined state and federal report.

Court case records (public): 4. Search court case information through the Delaware Courts public portal at courts.delaware.gov.

Inmate information: 5. Use the Delaware Department of Correction online inmate search for current incarceration status and facility information.

Sex offender registry: 6. Search the Delaware Sex Offender Central Registry maintained by the Delaware State Police — searchable by name, zip code, or county.

Restrictions:

Sealed and expunged records are not available through ordinary public-access channels.
Juvenile records are confidential and not accessible to the public.
Active investigatory records are exempt from disclosure until case closure.

Business Records in Delaware

Business entity records in Delaware are managed by the Delaware Division of Corporations, part of the Delaware Department of State, through the eCorp portal at icis.corp.delaware.gov.

Delaware is the incorporation capital of the United States — more than 1.9 million business entities have their legal home in Delaware through the Division of Corporations, including the majority of Fortune 500 companies. Delaware corporate law is widely considered the most influential in the United States, which is why national and international companies incorporate here regardless of where they actually operate. Many users search for “Delaware company lookup” or “Delaware entity search” — both refer to the Division of Corporations database. A Delaware-registered entity may have no physical presence in the state.

Delaware Division of Corporations maintains:

Corporations, LLCs, limited partnerships, and other registered entities
Entity name, file number, formation date, and registered agent
Filing history including annual franchise tax reports, amendments, and certificates
UCC financing statements and amendments
Good standing certificates

How to search business records in Delaware:

Go to the Delaware Division of Corporations eCorp portal at icis.corp.delaware.gov.
Search by entity name or file number.
View entity status, formation date, registered agent, and basic filing information.
Order certified copies, good standing certificates, or detailed document images for a fee.
For UCC filings, use the UCC search tool within the eCorp portal.
For professional licenses, use the Delaware Division of Professional Regulation license lookup portal.

Note: The Division of Corporations tracks registered entities, not local business operations or licenses. Local business licenses are issued by city and county agencies and are not tracked in the state database. Sole proprietorships operating under the owner’s legal name typically do not register with the Division of Corporations.

Additional Delaware Public Records

Certain specialized records are maintained by other state agencies:

Professional Licenses — healthcare providers, contractors, and other regulated occupations are searchable through the Delaware Division of Professional Regulation license lookup portal.
Voter Registration Records — maintained by the Delaware Department of Elections and available to authorized requesters.
Environmental Permits — water, air quality, and hazardous waste permits are maintained by the Delaware Department of Natural Resources and Environmental Control (DNREC).
Inmate Records — current incarceration status and facility information are available through the Delaware Department of Correction online search.
Sex Offender Registry — maintained by the Delaware State Police and searchable through the Delaware Sex Offender Central Registry.
Vehicle Records — basic vehicle details including VIN, make, model, and title status are available through the Delaware DMV, subject to federal DPPA privacy restrictions on personal identifying information.

Frequently Asked Questions

Are Delaware public records free?

Inspection of records is generally free. Copies are subject to fees — agencies may charge after the first hour of search time. Vital records carry set fees per certificate. Delaware State Bureau of Identification criminal history reports cost $72 for state-only or $85 for combined state and federal. Business record searches through the eCorp portal are free; certified copies and detailed documents incur fees.

Can non-residents request Delaware public records?

Delaware’s FOIA technically applies to Delaware citizens, but most agencies fulfill requests from out-of-state requesters as a matter of practice, particularly for non-sensitive records. Submit requests through the Delaware Department of Justice FOIA Portal regardless of residency.

How far back do Delaware records go?

It depends on the record type. County recorder deed books date to the late 1700s in some counties. The Delaware Public Archives holds colonial-era records and vital records past certain age thresholds — birth certificates 72 years or older, death certificates older than 40 years, and marriage certificates older than 50 years. Business records through the Division of Corporations date to the entity’s formation date. Court records online vary by court and case type.

Are criminal records public in Delaware?

Partially. Court case information is accessible through the Delaware Courts public portal. Full certified criminal history reports require fingerprint submission to the Delaware State Bureau of Identification and carry a fee. Sealed, expunged, and juvenile records are not available through ordinary public-access channels.

How long are vital records restricted in Delaware?

Certified copies of birth and death certificates are restricted to eligible requesters — the person named, immediate family, legal representatives, and those with a demonstrated legal interest. Pre-1942 birth records held at Delaware Public Archives may have different access procedures. Delaware does not publish a fixed public-release timeline for modern vital records.

What is Delaware’s open records law called?

The Delaware Freedom of Information Act, codified at 29 Del. C. §§ 10001–10008. It applies to Delaware state and local government agencies and presumes records are open unless a specific exemption applies.

Do all Delaware counties provide online record access?

Yes. All three Delaware counties — New Castle, Kent, and Sussex — provide online access to property records through their Recorder of Deeds portals. The Delaware Courts website provides centralized access to most court case information, though each court maintains its own portal. Depth of online coverage varies by record type and age.

Find Delaware County Record Portals

Delaware has just three counties — New Castle, Kent, and Sussex — making it one of the simplest states to navigate for county-level records. Each county maintains its own Recorder of Deeds, Assessor, and court clerk systems.

A directory of official Delaware county record portals, organized by county, is available free through PublicRecordHub — connecting you directly to official government sources for all three Delaware counties.

How to Access Public Records in Delaware (Property, Court, Criminal, Vital & Business Records)