Delaware Court Records

The court system in Delaware comprises six main courts: the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, and the Justice of the Peace Court. Each court has specific jurisdiction defined by the Delaware Constitution and state laws.

The Justice of the Peace Court serves as the entry point for most citizens. It handles civil cases involving amounts under $25,000, certain misdemeanors, and most traffic violations (excluding felonies). Appeals from this court typically go to the Court of Common Pleas, except in specific truancy-related juvenile cases, which are appealed to Family Court.

The Delaware Court of Common Pleas hears civil cases involving disputes of $75,000 or less (excluding interest) and handles nearly all misdemeanor criminal cases, except for certain drug and traffic offenses. It also conducts preliminary hearings in felony cases. Appeals from this court are directed to the Superior Court.

The Delaware Family Court has broad jurisdiction over family and juvenile matters, including divorce, child custody, support, and delinquency. Civil appeals from this court go to the Supreme Court, while criminal appeals are sent to the Superior Court.

The Delaware Superior Court is Delaware's court of general jurisdiction. It hears all criminal and civil cases that are not within the jurisdiction of the Court of Chancery, including exclusive authority over felonies and most drug-related offenses. It also functions as an intermediate appellate court, hearing appeals from various administrative agencies, the Family Court, and the Court of Common Pleas. Appeals from the Superior Court go to the Supreme Court.

The Delaware Court of Chancery handles all equity cases, focusing primarily on corporate disputes, trusts, estates, fiduciary issues, land disputes, and matters involving specific performance or injunctive relief. Decisions from this court may be appealed to the Supreme Court.

The Delaware Supreme Court is the highest court in Delaware and the final appellate authority. It hears direct appeals from the Court of Chancery, Superior Court, and Family Court. In addition to its judicial role, the Supreme Court is responsible for setting administrative policies for the entire state judiciary.

Certain Delaware municipalities, such as Dover and Newark, also have Alderman's Courts. Alderman's Courts are local courts of limited jurisdiction authorized by the Delaware General Assembly and city charters but operating independently of the Delaware judiciary. Alderman's Courts handle violations of municipal ordinances, local code infractions, and traffic tickets issued within city limits.

Delaware courts handle more than 300,000 cases annually.

What Are the Types of Court Records In Delaware?

Courts in Delaware maintain certain types of records based on the types of cases handled by each court. These records are maintained by the office of the clerk in each court as part of their judicial responsibilities in the Delaware court system. The records maintained include the following:

• Supreme Court
• Opinions and Rulings: Final decisions in appellate cases involving constitutional, statutory, and procedural matters.
• Case Dockets: Records of filings, briefs, motions, and court orders in appeals.
• Administrative Orders: Directives setting statewide judicial policies and amending procedural rules.
• Certiorari Petitions: Formal requests seeking discretionary review of lower court decisions.
• Superior Court
• Criminal Case Records: Includes felony cases, indictments, plea agreements, motions, sentencing orders, and jury trial transcripts.
• Civil Case Records: Covers disputes involving torts, contracts, real estate, personal injury, and declaratory relief.
• Appeals from Lower Courts: Reviews of decisions from the Court of Common Pleas and administrative agencies.
• Drug Court and Mental Health Court Records: Specialized docket records for diversion and treatment programs.
• Court of Common Pleas
• Criminal Case Records: Misdemeanor prosecutions, DUI cases, arraignments, pretrial motions, and sentencing records.
• Civil Case Records: Handles civil claims up to $75,000, including landlord-tenant disputes and debt collection.
• Traffic Violation Records: Infractions such as speeding, reckless driving, and license violations.
• Preliminary Hearings: Transcripts and filings in felony cases before transfer to Superior Court.
• Family Court
• Family Law Records: Includes divorce, annulment, alimony, child custody, visitation, and child support matters.
• Domestic Violence Protection Orders: Records of petitions, orders, and hearings under the Protection From Abuse Act.
• Juvenile Delinquency Records: Confidential records involving minors charged with offenses.
• Child Welfare Cases: Abuse, neglect, foster care, and termination of parental rights proceedings.
• Adoption and Guardianship Records: Petitions and court orders for permanent placement of minors.
• Justice of the Peace Court
• Civil Case Records: Small claims under $25,000, summary possession (eviction) actions, and contract disputes.
• Traffic and Criminal Records: Non-jailable traffic tickets, misdemeanor violations, and local ordinance offenses.
• Arraignment and Bail Hearings: Initial criminal proceedings, including setting bail and preliminary judicial decisions.
• Court of Chancery
• Equity Case Records: Matters involving fiduciary duty, trusts, business disputes, corporate governance, and shareholder actions.
• Estate and Probate Records: Guardianship of estates, will contests, and other equity-based estate matters.
• Corporate Filings: Includes some of the most high-profile business litigation in the U.S.
• Alderman's Courts
• Traffic and Parking Violations: Cases involving local traffic infractions and parking tickets.
• Municipal Ordinance Violations: Offenses like noise disturbances, property code violations, and curfew violations.

Are Delaware Court Records Public?

Delaware court records are generally considered public under the broad transparency provisions of the state Freedom of Information Act (FOIA). In addition, the Policies on Public Access to Judicial Records govern public access to records of the state courts.

Despite the general rule of openness, several categories of court records are exempt from public access. Common exemptions include juvenile records, adoption and termination of parental rights records, mental health proceedings, confidential financial or medical information, protective orders involving domestic violence or abuse, and sealed or expunged criminal records. Exemptions, including the sealed and expunged record, serve important purposes such as protecting individual privacy, preserving the integrity of the judicial process, and complying with federal and state privacy laws.

How Do I Search Delaware Court Records?

To search Delaware court records, you may use online portals, visit courthouses in person, or submit a written request, depending on the type of case and court.

To search state court records online, visit the Delaware CourtConnect system. This system provides access to civil, criminal, and traffic case information. Users may search court case information by name, case ID, and case type. They may also search for judgments against a person or business and view case information and activities. The information available on the portal includes case record details from the superior courts, courts of common pleas, justice of the peace courts, and certain family court information.

The Delaware Judicial Branch also provides access to official court transcripts online via multiple online transcript request forms. In addition, opinions and orders, and calendars of Delaware courts are available online on the Delaware judicial branch website.

How To Retrieve Court Records Offline

Paper copies and certified copies of court records are typically obtainable offline. Hence, you must visit the Delaware court where a case was filed to search the record of the case offline. At the courthouse, you may submit a record request at the office of the clerk by providing relevant information about the case. Required information includes case number, name of parties involved, approximate filing date, and the type of case. You may also need to present a photo ID and indicate whether you want standard or certified copies of the record you need.

Note that certain fees are charged for reproducing copies of Delaware court records. Standard copies typically cost $0.25 and $0.50 per page, while certification may cost up to $15 or more, depending on the record type. Simple standard copies of Delaware court records are usually processed on the same day or within one business day. Certified copies may take up to five business days, while mail-in requests may take up to 10 business days to process.

Can I Seal or Expunge a Delaware Court Record?

In Delaware, expungement is the legal process of erasing or removing a criminal record from public access. Once a record is expunged, it is sealed and cannot be accessed by the public, including employers and landlords. However, some government bodies, such as courts and law enforcement agencies, may still access expunged records under specific circumstances. Unlike some other states, Delaware does not provide a separate process called "sealing" of criminal records. Instead, expungement serves the function of sealing by removing records from public view. The state's expungement laws are codified under Title 11, Chapter 43 of the Delaware Code.

Delaware provides two types of expungements for individuals seeking record relief: mandatory and discretionary expungements. Mandatory expungement differs from discretionary expungement in that the court is required by law to grant the expungement petition if the applicant meets the specific eligibility criteria stipulated in Delaware expungement laws. However, discretionary expungement is one that is not guaranteed, even if the individual meets basic eligibility. The court has the discretion to approve or deny the expungement based on whether it finds that continuing to maintain the record would result in a manifest injustice.

An individual may be eligible for mandatory expungement if:

• The case was terminated in favor of the accused, such as through acquittal, dismissal, or a nolle prosequi.
• The individual was convicted of certain violations or misdemeanors, and:
• Has no prior or subsequent convictions (excluding specific minor offenses).
• A specified waiting period has passed since the conviction:
• 3 years for violations.
• 5 years for eligible misdemeanors.
• 10 years for certain eligible felonies.

If an individual is not eligible for mandatory expungement, they may be able to petition for a discretionary expungement if:

• They have no pending charges.
• They are not currently incarcerated, on probation, or on parole.
• They have no prior or subsequent convictions, with certain exceptions for minor offenses.
• A specified waiting period has passed since the conviction or completion of the sentence:
• 3 years for eligible misdemeanors not listed in exclusion categories.
• 7 years for certain misdemeanors listed in exclusion categories.
• 7 years for a single eligible felony.

Note that convictions for violent offenses such as murder, manslaughter, and rape, and sexual offenses or offenses against children or vulnerable adults are ineligible for expungement. Also, individuals who have received an expungement for a prior conviction within the previous 10 years and those with pending criminal charges or who are on probation, parole, or incarcerated do not qualify for expungement.

To obtain a mandatory expungement, follow these steps:

• Obtain your Certified Criminal History Report: Schedule an appointment with the State Bureau of Identification (SBI) to be fingerprinted and obtain your certified state criminal history report. This process costs $72.
• Submit an Application: File the required forms with the Delaware State Bureau of Identification.
• Receive Expungement Approval: If eligible, the record will be cleared without a court hearing.

However, discretionary expungement requires a petition to the court. To apply for a discretionary expungement, follow these steps:

• Obtain a Criminal History Report: Schedule a fingerprinting appointment with the SBI to obtain a certified copy of your criminal history record.
• File a Petition with the Court and Pay the Applicable Fee: Submit the Petition (Form 281) and Proposed Order (Form 283), SBI's Cover Letter, and Certified Criminal History to the appropriate court (family or superior court). Applicable fees vary, but obtaining fingerprints and a criminal history report costs $72. Note that the Attorney General's Office will have an opportunity to respond to the petition.
• Court Review and Decision: The court will evaluate the petition and determine whether to grant the expungement. If the request is granted, the court will issue an order directing the expungement of the records.

How To Search Federal Court Records in Delaware

The United States District Court for the District of Delaware is the only federal court located in the state. This court has jurisdiction over civil and criminal cases involving federal laws, including matters such as bankruptcy, intellectual property, antitrust law, civil rights, and federal criminal offenses. Public records of this court may be accessed online and offline.

To access the federal court records online, you may use the Public Access to Court Electronic Records (PACER). However, you need to register for a PACER account to search the court's records. Once registered, you may use the PACER Case Locator tool to search a record by party name, case number, or filing date. Via the results of the search, you may view docket sheets, case summaries, and filed documents. Note that it costs $0.10 per page to view or download a document on PACER. However, there is a maximum charge of $3 per document.

To access records of the Delaware federal court offline, you may visit the courthouse located at 844 North King Street, Wilmington, in person. At the courthouse, you may use any of the two public access terminals provided by the clerk's office to access PACER dockets and PDF documents. Copies of records printed from these terminals by users cost $0.10 per page. Alternatively, you may submit a completed Copy Order Form to the office of the clerk or call the office's Help Desk at (302) 573-6170. The following fees apply for court records obtained from the office of the clerk:

• Case documents or docket sheets: $0.50 per page
• Certified copy of any case document available from the clerk's office: $11 per document and copy fee of $0.5 per page
• Exemplification: $23.00 per document, and $.50 per page copy fee
• Apostille: $47.00 file/index fee per document,
• $11.00 certification fee per document, and $.50 per page copy fee.

How To Get Delaware Court Records Online for Free?

You can obtain Delaware court records online for free through official and third-party options. The Delaware CourtConnect system provides free online access to civil, criminal, and traffic case records of the state courts. It allows free access to case information from courts such as the superior court, court of common pleas, justice of the peace court, and, to some extent, the family court. Users may conduct a court record search by party name or case ID.

Furthermore, third-party databases such as PeopleRecords.us provide another way to access Delaware court records for free. These platforms typically offer basic case information for free.