Delaware Public Records

How the Delaware Freedom of Information Act Actually Works

Delaware's public records law is codified at 29 Del. C. § 10001 (Delaware Freedom of Information Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 15 business days, or written explanation of delay. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: first hour of staff time free; reasonable copying fees thereafter. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Delaware (the honest answer)

Many directory sites promise things Delaware law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only. Third-party "instant background check" sites that promise a full Delaware criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Delaware's expungement law (11 Del. C. § 4373 (Adult Expungement Reform Act, 2019)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Delaware law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Delaware Freedom of Information Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Delaware and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Delaware

Delaware's record-clearing law is found at 11 Del. C. § 4373 (Adult Expungement Reform Act, 2019).

Eligibility: mandatory expungement for many misdemeanors; discretionary for others; serious felonies excluded.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Delaware record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Delaware Criminal Record

If you need your own Delaware criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Delaware State Bureau of Identification (SBI).

Walkthrough:

1. Choose your method: SBI Criminal History Record Check + $52 (in-state) or $69 (out-of-state).
2. Complete the required form (most states use a standard request form available from the Delaware State Bureau of Identification website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 5-10 business days.
5. Review the response. If you find errors, the law at 11 Del. C. § 8503 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Delaware Record Laws You Should Know

• SB 111 (2021): Automatic expungement of many marijuana and low-level offenses.
• 11 Del. C. § 8503: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Delaware.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Delaware background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.