Delaware FOIA and New Castle County Public Records
Delaware's public-records law is the Freedom of Information Act in Title 29, Chapter 100 of the Delaware Code. The policy at 29 Del. C. § 10001 says citizens shall have reasonable access to public records and to meetings of public bodies. The act covers state agencies, county government, and other public bodies as defined in the law. New Castle County government runs under this act. The Delaware Department of Justice publishes guidance and handles certain FOIA petitions through the state FOIA portal. Court records sit under court rules and judicial directives as well, not FOIA alone.
Who can request: any citizen of Delaware can make a request, and most agencies process requests from non-citizens too. A public record under 29 Del. C. § 10002 is information kept by a public body in any form. It includes paper, digital files, audio, video, and email. The statute also lists what is excluded, such as personnel files in many circumstances, certain investigative files, drafts, and items already protected by other law. A New Castle County public records request can ask for almost anything that fits the definition, so long as the record is not exempt.
What New Castle County Public Records Cover
Delaware does not use a Texas-style county clerk that owns every record type. New Castle County splits the work across several offices. Court records sit with the Prothonotary and the various trial courts. Probate sits with the Register of Wills. Marriage licenses sit with the Clerk of the Peace. Land records sit with the Recorder of Deeds. State agencies handle vital records, criminal-history dissemination, and DMV files. Knowing which office holds which record is half the job. Asking the wrong office for the wrong record slows everything down.
- Land records: deeds, mortgages, liens, plats, and related filings kept by the New Castle County Recorder of Deeds.
- Marriage licenses: applications, fees, and license issuance through the New Castle County Clerk of the Peace; see marriage and divorce records.
- Probate and estate files: wills, inventories, accountings, and short certificates held by the New Castle County Register of Wills; see probate records.
- Court records: civil, criminal, family, traffic, and judgment files searchable through Delaware CourtConnect; see court records.
- Vital records: certified birth, death, marriage, and divorce certificates through Delaware Vital Statistics.
- County government records: council minutes, contracts, budgets, and agency records of New Castle County government.
How to File a Public Records Request in New Castle County
A New Castle County FOIA request usually moves through a designated FOIA coordinator. Under 29 Del. C. § 10003A, each public body must name a coordinator and track requests. The coordinator is the right contact for state and county records under FOIA. Requests do not always require a special form. A written email or letter that clearly describes the records will work. The state FOIA portal lists state-agency coordinators and is the main starting point for state-level records.
- Identify the office that holds the records. County records go to a New Castle County FOIA coordinator. State agency records go through the Delaware FOIA portal. Court records go to the proper court clerk.
- Describe the records in plain language. Include dates, names, file numbers, and the format you want. Vague requests slow the response.
- Submit the request in writing by email, mail, or the agency's online form. Keep a copy with a date stamp.
- Wait for the agency response. Under 29 Del. C. § 10003, the agency must respond within a reasonable time and explain any delay.
- Pay any allowed fees, then receive the records or a written denial that lists the basis for refusal.
New Castle County Public Records Request Form Fields
A clear request gets a faster response. Whether the form is a state portal field, a county form, or a free-text email, the same details belong in the request. Below is a typical field list for a New Castle County public records request.
| Field | Required | Notes |
|---|---|---|
| Requester Name | Yes | Full legal name of the person or business asking for the records |
| Contact Info | Yes | Email and phone for the response; mailing address if paper copies are wanted |
| Description of Records | Yes | Specific records, file numbers, names, or topics; vague requests delay the agency |
| Date Range | No | Helps the agency limit the search and lower the fee |
| Format Preference | No | PDF, paper copy, or inspection in person |
| Use Statement | No | Some agencies ask for the purpose of the request, but use is not required for access |
| Fee Authorization | No | Some agencies ask the requester to agree to fees over a set amount before processing |
| Citizenship Note | Often | Some FOIA requests need a statement that the requester is a Delaware citizen |
New Castle County Public Records Response Timelines
Delaware FOIA at 29 Del. C. § 10003 sets a duty to respond within a reasonable time. An agency may extend that time when a request is broad, when records are stored off-site, or when legal review is needed. A written response usually lists the records, any fee, any redactions, and any denials. If a request is denied in part, the agency must point to the exempt category. A requester who does not get a clear answer can press the FOIA coordinator, raise the issue with the Delaware Department of Justice, or file in court under the statute's enforcement section at 29 Del. C. § 10005.
Public Records Fees in New Castle County
Delaware FOIA allows fees at 29 Del. C. § 10003B. Each agency sets its own schedule within the law. Fees usually cover copying, administrative time, and any extra work. Court fees, probate fees, marriage-license fees, and certified-copy fees are separate from FOIA fees and follow the fee schedule for the specific office. The table below lists common categories. Confirm exact amounts with the office that holds the record before paying.
| Item | Amount |
|---|---|
| Per page copy | Set by agency; verify current schedule |
| Labor / search per hour | Allowed by FOIA after a free threshold set by the agency |
| Certified copy | Set by the office holding the record |
| Electronic format | Some agencies waive the per-page fee for email or download |
| Court certified copies | Set by Delaware Courts fee schedule for each court |
| Probate copies | Set by the Register of Wills fee schedule |
| Marriage license | Set by the Clerk of the Peace fee schedule |
| Recorder of Deeds copies | Set by the county Recorder of Deeds fee schedule |
New Castle County Public Records That Are Exempt
Many records are exempt under 29 Del. C. § 10002 and other statutes. Juvenile and adoption records are restricted. Sealed and expunged criminal records are governed by 11 Del. C. §§ 4372 to 4374, and criminal-history dissemination is set by 11 Del. C. § 8513. Mental-health and medical records are protected by both state and federal law. Grand-jury proceedings are secret. Personnel files, investigative files, draft documents, attorney work product, trade secrets, and protected victim information are all common denials. A FOIA response that withholds a record should cite the statute or rule that allows the withholding.
If Your New Castle County Public Records Request Is Denied
A denial is not the end of the road. Under 29 Del. C. § 10005, a requester can petition the Delaware Department of Justice on certain FOIA disputes. The DOJ can issue an opinion that may resolve the issue without court. A requester can also file a civil action in court to enforce the act. Court-record denials may need a different route, such as a motion in the case or contact with the proper court clerk. For court-specific denials, see New Castle County court records, court dockets, and criminal records for the relevant rules. Free legal help is available through Community Legal Aid Society, Inc. and Legal Services Corporation of Delaware.