How to Locate any Free Delaware Public Records (2026 Guide)

Navigating the world of public records in Delaware doesn’t have to be stressful or complicated. Whether you’re a small business owner running pre-employment background checks, a landlord vetting prospective tenants, a genealogy enthusiast tracing your family tree, or simply someone who needs a copy of a vital record like a birth certificate or marriage license — this comprehensive guide puts every major Delaware public records resource at your fingertips. Delaware’s Freedom of Information Act (FOIA) guarantees residents the right to inspect and copy most government records, and this guide will show you exactly how to exercise that right for free or at minimal cost in 2026.

What Are Public Records in Delaware?

Public records, in the broadest legal sense, are any documents, data, or information created, received, or maintained by a government agency in the course of its official duties. In Delaware, public records span an enormous range — from legislative proceedings and court filings to property tax assessments, vital statistics, and corrections files. The principle underlying public records access is simple: a democratic government must remain transparent and accountable to the people it serves.

That said, not every government document is automatically open to the public. Exceptions exist for records containing information that could compromise national security, violate individual privacy rights, or impede ongoing criminal investigations. In practice, however, the vast majority of records that everyday Delawareans need — court records, property deeds, vital records, sex offender registries, and criminal histories — are either freely accessible online or available upon a straightforward written request.

Here is a summary of the types of records you can typically find through Delaware’s public records system:

• Arrest records
• Court records and case filings
• Sentencing and conviction records
• Prison and inmate records
• Property and real estate records
• Sex offender registry listings
• Missing persons databases
• Birth certificates
• Death certificates
• Marriage licenses and records
• Divorce decrees and records
• Will and probate records
• Unclaimed property records
• Professional license records
• Voter registration records

Delaware Freedom of Information Act

Delaware’s Freedom of Information Act (FOIA), codified at 29 Del. C. §§ 10001–10007, was enacted to ensure that public business is conducted in an open and accountable manner. Any Delaware citizen has the right to inspect and copy public records held by state agencies, boards, commissions, and local government bodies. The law requires agencies to respond to FOIA requests within 15 business days, either by producing the records, denying the request with a written explanation, or providing an estimated timeline for production.

There is no single statewide portal for submitting FOIA requests, but the Delaware Department of Justice maintains guidance on how to submit requests and what to do if a request is wrongfully denied. Fees for copies are generally modest — often $0.10 to $0.25 per page — and agencies may charge for staff time involved in extensive searches. When in doubt, submit your request in writing, specify the records as precisely as possible, and cite Delaware’s FOIA statute.

Criminal Records and Background Checks in Delaware

One of the most common reasons people search Delaware public records is to conduct a criminal background check — whether on a prospective employee, a new tenant, a potential business partner, or even a first date. Delaware’s criminal record system is administered primarily by the Delaware State Bureau of Identification (SBI), which is a division of the Delaware State Police.

Delaware State Bureau of Identification (SBI)

The SBI maintains the central repository of criminal history records for the state of Delaware. Criminal history record information (CHRI) is available in two forms:

• Name-based checks: Available to the general public for a fee. You submit a request to the SBI along with a processing fee (currently around $65 for a standard name-based check). No fingerprints are required for this type of search.
• Fingerprint-based checks: Required for certain employment categories — particularly those involving work with children, the elderly, or other vulnerable populations. These checks access the FBI’s national criminal database in addition to Delaware’s state records.

To request a criminal history record check in Delaware, visit the Delaware State Police SBI page and follow the instructions for submitting a request. For most private individuals, the name-based check is sufficient and provides a comprehensive overview of convictions recorded in Delaware.

What a Delaware Criminal Background Check Will Show

A standard Delaware criminal record check through the SBI will typically reveal:

• Felony and misdemeanor convictions
• Pending criminal charges
• Sentencing details, including probation and parole status
• Court disposition records
• DUI and traffic-related convictions

What it generally will not show includes juvenile court records (which are sealed in most cases), arrests that did not result in conviction (though these may appear in some court indices), and records expunged under Delaware law. Keep this in mind when evaluating the results of any background check.

Driving Records

Driving records in Delaware are maintained by the Delaware Division of Motor Vehicles (DMV). Employers in industries where employees operate vehicles — trucking, delivery, transportation, and similar fields — frequently request driving records as part of the hiring process. You can request your own driving record online through the DMV’s portal, or authorize an employer to obtain it on your behalf. Fees typically range from $15 to $25 depending on the type of record requested.

Court Records in Delaware

Delaware’s court system is organized into several tiers, and each maintains its own records. Understanding which court handled a particular matter is key to finding the right records. Delaware’s courts include:

• Supreme Court of Delaware — Appeals from lower courts; highest court in the state
• Superior Court — Handles felony criminal cases and major civil disputes
• Court of Chancery — Nationally renowned court handling corporate law, equity cases, and trusts
• Family Court — Domestic relations, divorce, child custody, juvenile matters
• Court of Common Pleas — Misdemeanor crimes, civil cases under $75,000
• Justice of the Peace Court — Minor criminal matters, landlord-tenant disputes, small civil claims

The Delaware Courts website provides online access to many case records through the Delaware Electronic Court System (DECS) and the Legacy Case Management system. Civil and criminal dockets for Superior Court and Court of Common Pleas cases are searchable online. For Family Court records or older archived cases, you may need to submit a written request to the clerk of the specific court.

Court records typically include case filings, docket entries, judgments, sentencing orders, and in some cases, full transcripts. There may be a per-page fee for printed copies of documents, but viewing case dockets online is generally free.

Vital Records: Birth, Death, Marriage, and Divorce

Vital records are among the most commonly requested public records in Delaware. These documents serve as proof of identity, family relationships, and major life events. In Delaware, vital records are maintained by the Delaware Office of Vital Statistics, a division of the Department of Health and Social Services (DHSS).

Birth Certificates

Delaware birth certificates are available to the subject of the record, their parents, legal guardians, and certain other authorized parties. You can request a certified copy online, by mail, or in person at the Office of Vital Statistics in Dover. The fee for a certified birth certificate is currently around $25. Birth certificates are required for obtaining a passport, driver’s license, Social Security card, and for many immigration-related applications.

Death Certificates

Death certificates are necessary for settling estates, claiming life insurance benefits, and obtaining bereavement fares or accommodations. They are available to immediate family members, legal representatives, and others with a documented need. The Office of Vital Statistics processes these requests for a fee of approximately $25 per certified copy.

Marriage Records

Marriage licenses in Delaware are issued by the Delaware Family Court in the county where the marriage takes place. Certified copies of marriage records are available through the Office of Vital Statistics. Marriage records are often required for name change applications, spousal benefit claims, and immigration petitions.

Divorce Records

Divorce decrees in Delaware are filed with the Family Court in the county where the divorce was granted. Certified copies can be obtained from the clerk of the Family Court. Divorce records may be needed for remarriage applications, Social Security benefit claims, and estate planning purposes.

Property Records in Delaware

Property records in Delaware are maintained at the county level. Delaware has three counties — New Castle, Kent, and Sussex — each of which operates its own Recorder of Deeds and assessment office. Property records typically include deeds, mortgages, liens, property tax assessments, and ownership histories.

• New Castle County Recorder of Deeds: Accessible online through the New Castle County government website. You can search property records by name, address, or parcel number.
• Kent County Recorder of Deeds: Kent County maintains an online records search portal for property deeds and related documents at the Kent County government site.
• Sussex County Recorder of Deeds: Sussex County’s recorder of deeds records are searchable online at the Sussex County website.

Property records are commonly used by real estate professionals, attorneys, title companies, and individuals researching ownership history or assessing property values before a purchase.

Delaware Sex Offender Registry

Delaware law requires all convicted sex offenders residing in or moving to the state to register