Delaware Public Records Law
The Freedom of Information Act (FOIA) outlines how public records in Delaware are to be treated. This law stipulates that most public records are available to the public for inspection and copying during regular business hours upon request from the appropriate custodian of the records. Delaware mandates that anybody seeking public records must be a resident of the state, as such non-citizens of the state may not be granted access.
Where Do I Submit a Public Record Request in Delaware?
The official custodian of public records in a department is the chief administrative officer or any officials legally charged for keeping them up to date. They are responsible for accepting requests for public records and making sure they are appropriately and promptly addressed. Therefore, you can submit your request for a public record to the appropriate agency in person. You may also complete a FOIA Request Form for public records online.
How Do I Request Public Records in Delaware?
The first thing to do when requesting public records is to confirm that the record exists and is accessible to the public. It is also important that you find out which custodian keeps the desired record. Once you know that, you can decide if you want to make your request via fax, mail, online forms, or email.
You can make a FOIA request by doing so in writing, with detailed records or descriptions covering the name of the individual on record, the specific record search, or contact information used for receiving records. The same request can also be used to provide personal information for use to prove specific claims. You may also be required to pay fees for the request before the search is conducted
Several third-party websites make it easier to retrieve Delaware public records by providing online access. Nevertheless, these websites might not always have the most recent records.
What Records are Public in Delaware?
There are various types of public records in Delaware. Common examples include:
- Court Records: These include dockets, transcripts, and decrees or summaries of civil and criminal cases
- Law Enforcement Records: Includes criminal records, arrest records, sex offender information, and inmate records
- Vital Records: includes birth records, death records, marriage records, and divorce records.
- Property Records: Includes land deeds, property tax reports, plats, and surveys
- Bankruptcy Records: Information on case name, number, and summary; type of bankruptcy filed and filing date; names of debtors and creditors; court-issued orders and verdicts; status of the case; and docket report
Who Can Request Public Records in Delaware?
Any Delaware resident may view or obtain copies of public records. As per Section 10003: Examination and Copying of Public Records, all public records must be available for viewing and copying by the authorized custodian during regular business hours. Requests from non-citizens of the state may, however, be denied. Delaware is one of the few US states that mandates that anyone requesting public records must be a resident of the state.
What Is the Response Time for Public Records Requests in Delaware?
In Delaware, requests for records must be answered within 15 working days by public agencies. They can respond by providing access to the requested records, denying access to the records or parts of them, or advising that additional time is needed because the request is for voluminous records, requires legal advice or a record is in storage or archived.
What Is the Fee Charged for Providing Copies of Public Records?
In most cases, accessing public records is free. However, there are fees associated with getting copies of such records. The exact fee depends on a variety of factors, such as the type of paper or the number of pages, and does not include administrative fees. In Delaware, the typical fees for acquiring copies are as follows:
- Basic copies in black and white - over 20 pages: $0.10 for every sheet and $0.20 for each double-sided sheet
- Copies in an Oversized Format: Any copies between 18" x 22" and 24" x 36" cost between $2 and $3 for every sheet, and larger copies are $1 for every square foot.
- Standard-sized colored copies: Black and white cost plus $1 for each sheet
- Large colored copies: Black and white cost as well as $1.50 for each sheet
- Microfilm - More than 20 pages cost $0.15 for every sheet
What Records Are Exempted Under the Delaware Public Law?
According to Delaware law, some records or the information they contain are exempted from disclosure. Among them are:
- Any criminal records deemed personal and private
- Any personnel, medical, or pupil file, that could expose personal privacy
- Any records specifically exempted from public disclosure by statute or common law
- Any records that could result in a security risk to either individuals or infrastructure
- Current police investigations, adoption information, and child custody information
- Department of Correction records when sought by an inmate in that department
- Labor negotiations records
- Military service discharge documents
- Records of registered concealed weapons permits
- Trade secrets