What are Delaware Criminal Court Records?

Delaware Criminal Court Records are official records bearing accounts of criminal court proceedings in the State of Delaware. The criminal court records are typically filed and maintained by a Clerk of Court/Court Administrator. They may include the original evidence, judgments, transcripts, exhibits, pleadings, recordings, motions, and any pertinent information relevant to a criminal case judged in a Delaware trial court.

Understanding the Delaware Criminal Court System

The Delaware Criminal Court System consists of an appellate court and five trial courts.

The appellate court has general jurisdiction over criminal cases, whereas the trial courts are restricted as to the types of criminal cases that fall under their jurisdiction. As a rule, most criminal cases appear first in the Justice of the Peace Court—the base of the judicial system. Cases are advanced to higher courts as the cases become more complex. Federal crime cases fall under the jurisdiction of the Federal District Court for the District of Delaware which sits in the City of Wilmington.

• The Supreme Court

As the only appellate court in Delaware, the Supreme Court is the highest court in the judicial system with a judgeship that comprises a Chief Justice and four justices.

The Court holds discretionary jurisdiction in the state and final jurisdiction over direct appeals from trial courts (the Court of Chancery, the Superior Court, and the Family Court), civil cases, and criminal cases exceeding the minimum sentence.

• The Court of Chancery

The Court of Chancery is the equity court of Delaware. It has the authority to hear all cases involving estates, trusts & trusts matters, disputes in real estate, and corporate matters.

• The Superior Court

Delaware’s Superior Court has two functions:

• The court serves as the state’s court of general jurisdiction. It handles a majority of criminal cases, particularly felony charges and drug offenses to which it holds exclusive jurisdiction, and civil cases over $50,000 (excluding equity cases).
• It acts as the state’s intermediate appellate court giving it the jurisdiction, in certain instances, to hear appeals from other trial courts & state administrative agencies

• The Family Court

Familial & juvenile matters such as custody, support, abuse, divorce, adoption, property divisions, fall under the purview of the Family Court, with exception to civil appeals and criminal cases involving juvenile and adult cases.

• The Court of Common Pleas

Delaware’s Court of Common Pleas has nine judges stationed in the three counties who preside over civil disputes amounting below $75,000, motor vehicle offenses, preliminary hearings in felony matters, and misdemeanors by individuals above 18 years of age, with exception to certain traffic and drug-related offenses.

• The Justice of the Peace Court

The Justice of the Peace court acts as a committing magistrate for criminal cases. Although the court has no jurisdiction over felonies and limited jurisdiction for juvenile cases, it can hear criminal violations, certain types of criminal misdemeanors, and most motor vehicle cases that occurred within the state.

The court also treats disputes of civil matters that don’t exceed $15,000 in controversy. These cases include trespasses, debt, and recovery of personal properties.

Obtaining Delaware Criminal Court Records

Members of the public may access open criminal court information, including judicial records pertaining to a proceeding and all associated inmates’ records, Delaware arrest records and Delaware warrants.These may be obtained by making a request to the custodian of records/ court clerk in the courthouse where a criminal case was heard. These records may be requested:

• In-person, by visiting the courthouse
• Via electronic mail
• Via fax
• Via mail

To get a criminal court record, requesters may need to:

• Fill the official application form titled, “application for access to court records” to access the court record
• Provide sufficient & relevant information in the form, such as the defendant’s full name, date of birth, charge (s), case number (s), approximate date of arrest, in order to enable prompt identification of the court record
• Pay the corresponding court fees, in cash or check, to access the requested record

Additionally, publicly available records may be accessible from some third-party websites.* Operating as a private entity independent of any state government agency, these websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties must provide:

• The name of someone involved, providing it is not a juvenile
• The assumed location of the record in question such as a city, county, or state name

Third-party sites are not government-sponsored websites, and record results and availability may differ from official channels.

Note: The information required to complete the application form and obtain a criminal court record may vary depending on the courthouse.

Corresponding fees are dependent on the requested record (s) and courthouse.

How Do I Access Delaware Criminal Court Records in Person?

To access Delaware criminal court records in person, person(s) requesting the record are advised to have knowledge of the applicable courthouse, along with sufficient details of the case to enable the record custodian to identify the case file in a timely manner. Next, the individual should visit the courthouse. To request access from the custodian of reports, interested parties must complete a request form and pay the corresponding fees, in check or cash.

While the interested party is not permitted to take the original criminal court records from the location in which they are kept unless given authorization by judicial order or the custodian, most custodians generally provide the option of making copies. This is made available by the records custodian in audio recording CD, docket, media package, and certified copy formats.

How do I find Delaware Public Records for Free?

Delaware Public Records are available online on the Delaware Court’s website. Interested parties can search the database for court schedules, court rules, and court orders and opinions in civil, criminal and complex commercial litigation categories. The Superior Court, Court of Common Pleas and Justice of the Peace Court also operate a 24/7 dedicated website to search civil case records. The platform lets users access civil dockets by entering the following information into a search box:

• Name of person, name of business/ case type
• Court judgments against a person or business
• Case information/ activities

Other record custodians may also store their files online, in a publicly accessible repository.

Are all Delaware Criminal Court Records Public?

Under Delaware’s Freedom of Information Act and in line with general court policies, citizens of the state of Delaware, interested individuals, associations, agencies and corporations, both public and private, can request access to inspect and obtain most criminal court records. They can do this by contacting the custodian of records/ court clerk of the appropriate court during working hours.

However, while the public can generally access these court records, certain records and case information are inaccessible, confidential and sealed from public access by court rule/ law.

What Records are Sealed by Delaware Statute?

While public records are readily available online or per request in line with the Freedom of Information Act, certain information and details in a criminal case can be redacted or sealed by law/ court order to prevent public access to sensitive information, except in cases where the requesting party possesses a court-issued order by a Judge to view those records confidentially. By Delaware Statute, this list includes but is not limited to:

• Records controlled by statute, common law, or court rule
• Records that have been sealed
• Judicial work product
• Judicial Assistants’ notes
• Presentence investigation reports
• Warrants that were unexecuted or unreturned
• Records of Criminal history
• Driver’s license records
• Personal information about a Witness or Victim
• AIDS/HIV status
• Grand jury records
• Records that have been expunged
• The state’s Juvenile Fire Setter Intervention Program records
• Medical and psychological records

See Section I of the policy on accessing court records from the Court of common pleas.

See Section III of Justice of the Peace court policy on Public Access to Court Records

Are Trial Transcripts Open to the Public?

Yes, Trial Transcripts are open to the public in the state of Delaware. Trial transcripts are real-time recordings of court proceedings, done by the Court Reporters of a court. The plaintiff, attorneys, and citizens of the state can request access to transcripts. Each court has its own distinct fees and procedures for procuring a transcript.

1. Transcript Orders for Court of Chancery

To obtain transcripts in the Court of Chancery, requesters may need to contact the Court Reporter’s Main Office at (302) 255–0525 and pay the transcript costs.

Note: Costs for transcript orders in the Court of Chancery vary per-page and method of preferred delivery.

2. Transcript Orders for Superior Court

Interested parties can obtain the transcripts by providing the following information to the Court Reporter’s Office

• The Case Name and Number
• The Name of the Presiding Judge
• The Date of the Court Proceeding

The proper Court Reporter’s county addresses and telephone numbers for inquiries on transcripts are listed below:

1. Leonard L. Williams Justice Center
   (formerly New Castle County Courthouse)
   Superior Court
   Chief Court Reporter
   500 North King Street
   Wilmington, DE 19801
   (302) 255–0651
2. Kent County Courthouse
   Superior Court
   Chief Court Reporter
   414 Federal Street, 1st Floor
   Dover, DE 19901
   (302) 739–5311
3. Sussex County Courthouse
   Superior Court
   Chief Court Reporter
   1 The Circle, Suite 2
   Georgetown, DE 19947
   (302) 856–5596

3. Transcript Orders for Family Court

Interested individuals can contact the Family Court to request a transcript. Digital records of Transcripts in the Family court are kept by the court reporter’s office for two years subsequent to the initial hearing.

4. Transcript Orders for Court of Common Pleas

Members of the public can request a transcript or enquire about the cost from the Court of Common Pleas, by sending an email to the court at CCP.Transcripts@delaware.gov.