New Castle County Public Records

What Are Public Records in New Castle County?

Public records in New Castle County are defined according to Delaware's Freedom of Information Act (29 Del. C. § 10002), which states that "public record" means information of any kind, owned, made, used, retained, received, produced, composed, drafted or otherwise compiled or collected by any public body relating in any way to public business, or in any way of public interest, or in any way related to public purposes.

New Castle County maintains numerous types of public records accessible to citizens, including:

Court Records: Civil, criminal, family court, and probate records maintained by the Delaware Courts system
Property Records: Deeds, mortgages, liens, easements, and property assessments maintained by the Recorder of Deeds office
Vital Records: Birth, death, marriage, and divorce certificates (primarily maintained at the state level by the Delaware Division of Public Health)
Business Records: Business licenses, permits, and fictitious business names filed with the county
Tax Records: Property tax information, assessment records, and tax maps
Voting and Election Records: Voter registration data and election results (maintained by the Department of Elections)
Meeting Minutes and Agendas: Records of County Council meetings, boards, and commissions
Budget and Financial Documents: County expenditures, budgets, and financial reports
Law Enforcement Records: Certain police reports, arrest logs, and incident reports (with statutory limitations)
Land Use and Zoning Records: Planning documents, zoning maps, and building permits

The New Castle County government website serves as the primary portal for accessing many of these records, with specific departments responsible for maintaining different record types. The county's property records database provides access to land records, while court records can be accessed through the Delaware Courts online portal.

Is New Castle County an Open Records County?

New Castle County adheres to Delaware's Freedom of Information Act (FOIA), codified under 29 Del. C. § 10001-10007, which establishes the public's right to access government records. This statute explicitly declares that "it is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such officials."

Under 29 Del. C. § 10003, all public records shall be open to inspection and copying by any citizen of the State during regular business hours by the custodian of such records. The statute provides that "reasonable access to and reasonable facilities for copying of these records shall not be denied to any citizen."

New Castle County has established specific procedures for handling public records requests in compliance with state law. The county maintains a dedicated FOIA request process that outlines how citizens can submit requests for public information.

Additionally, New Castle County complies with Delaware's "Sunshine Law" provisions (29 Del. C. § 10004), which require that meetings of public bodies be open to the public, with limited exceptions for executive sessions. This commitment to transparency extends to the publication of meeting agendas, minutes, and other public documents.

How to Find Public Records in New Castle County in 2026

Members of the public seeking records in New Castle County may utilize several methods to locate and obtain the information they need:

Online Access: Many records are available through the county's electronic databases:
- Property records can be searched through the New Castle County Property Owner Services portal
- Land records, deeds, and mortgages are accessible via the Recorder of Deeds document search system
- Court records are available through the Delaware Courts online docket system
Submit a FOIA Request: For records not readily available online, citizens may submit a formal FOIA request:
- Complete the county's FOIA request form, available on the New Castle County FOIA webpage
- Specify the records sought with reasonable particularity
- Submit the request to the appropriate department or FOIA coordinator
- Requests may be submitted in person, by mail, or electronically
Visit County Offices: Records may be inspected in person at the relevant county department:
- The Recorder of Deeds office maintains land records
- The Assessment Division holds property tax and assessment records
- The County Clerk maintains County Council records and ordinances
Contact the Records Custodian: Each department has a designated records custodian who can assist with locating specific documents:
- Identify the department likely to maintain the desired records
- Contact the department directly to inquire about records availability
- Request guidance on the most efficient method to access the information

Under Delaware law (29 Del. C. § 10003(h)), public bodies must respond to FOIA requests within 15 business days. This response must either provide the requested records, deny the request with a reason based on statutory exemptions, or provide a timeline for when the records will be available.

How Much Does It Cost to Get Public Records in New Castle County?

New Castle County assesses fees for public records in accordance with 29 Del. C. § 10003(m), which authorizes public bodies to establish reasonable fees for copying and printing of public records. Current fee structures include:

Standard Copying Fees:
- $0.50 per page for standard-sized black and white copies
- $1.00 per page for color copies
- $1.00 per page for non-standard sized copies
Administrative Fees:
- Personnel costs may be charged for requests requiring more than 1 hour of staff time
- Administrative fees are calculated at the hourly rate of the lowest-paid employee capable of performing the service
- The first hour of administrative time is typically waived
Specialized Record Fees:
- Recorder of Deeds documents: $25 for the first page, $10 for each additional page
- Certified copies of vital records: $25 per certificate
- Maps and large-format documents: $5-$25 depending on size and complexity
- Electronic records: May include the cost of the medium used for transfer
Payment Methods:
- Cash (in-person only)
- Check or money order
- Credit/debit cards (for certain departments and online services)
- Electronic payment options for online record requests

The county may request advance payment before processing requests that are expected to exceed $100 in fees. Fee waivers or reductions may be granted when the county determines that the waiver would serve the public interest, as provided in 29 Del. C. § 10003(m)(2).

Does New Castle County Have Free Public Records?

New Castle County provides several avenues for accessing public records at no cost:

Free Inspection: Pursuant to 29 Del. C. § 10003(a), all citizens have the right to inspect public records during regular business hours at no charge. While copying may incur fees, viewing records in person is free.
Online Resources: The county offers numerous free online databases and resources:
- The New Castle County property information portal provides free access to basic property data, including ownership information, assessment values, and tax status
- County Council agendas and minutes are freely available on the county website
- The Document Search system allows free searching of recorded documents, though downloading may incur fees
- Budget documents and financial reports are published online at no cost
Public Access Terminals: Computer terminals are available at various county facilities for public use in accessing electronic records:
- The Recorder of Deeds office provides terminals for searching land records
- Public libraries throughout the county offer free computer access to online county resources
- The County Clerk's office maintains terminals for accessing County Council records
Public Notices and Publications: Legal notices, public announcements, and certain county publications are freely available:
- The county publishes notices of public hearings, proposed ordinances, and other official announcements
- Annual reports and planning documents are typically available at no cost

While many records are available at no cost, extensive research requests, large document productions, or requests requiring significant staff time may still incur fees as outlined in the county's fee schedule.

Who Can Request Public Records in New Castle County?

Under Delaware's Freedom of Information Act (29 Del. C. § 10003(a)), "any citizen of the State" has the legal right to inspect and copy public records. This provision establishes the following eligibility requirements and considerations:

Delaware Residency Requirement: Unlike many states that allow any person to request records, Delaware law specifically limits FOIA rights to state citizens. Requestors may be asked to provide proof of Delaware citizenship.
Identification Requirements:
- Requestors may be required to provide identification to verify Delaware citizenship
- For in-person requests, a Delaware driver's license or state ID is typically sufficient
- For electronic or mail requests, a Delaware address may be required
Purpose Disclosure:
- Generally, requestors are not required to state the purpose of their request
- Under 29 Del. C. § 10003(g)(1), public bodies may not ask why a record is being requested except to determine if the request is for a commercial purpose
- Commercial purpose requests may be subject to different fee structures
Requesting Personal Records:
- Individuals seeking their own records may need to provide additional identification
- For certain sensitive records, notarized authorization may be required
- Next of kin requesting vital records must demonstrate their relationship to the subject
Representatives and Agents:
- Attorneys or agents may request records on behalf of Delaware citizens
- Written authorization from the citizen may be required
- News media organizations based in Delaware are considered citizens for FOIA purposes
Business Entities:
- Delaware corporations and business entities may request records
- The request must be made by an authorized representative of the business

Non-Delaware residents do not have statutory rights under the state's FOIA law, though some county departments may process requests from non-residents as a courtesy or when required by other laws.

What Records Are Confidential in New Castle County?

New Castle County maintains certain records as confidential in accordance with exemptions established under 29 Del. C. § 10002(l) of Delaware's Freedom of Information Act. These exemptions include:

Personal Privacy Information:
- Social Security numbers, dates of birth, and driver's license numbers
- Personal financial information, including bank account and credit card details
- Medical and health records protected under HIPAA
- Personnel records, including performance evaluations and disciplinary actions
- Home addresses and telephone numbers of county employees
Law Enforcement Records:
- Active criminal investigation records
- Intelligence files and security procedures
- Investigatory files compiled for civil enforcement purposes
- Records that would endanger the safety of any person
- Records that would interfere with pending or potential litigation
Juvenile Records:
- Court records involving minors
- Child welfare and protective services records
- School records protected under FERPA
Confidential Business Information:
- Trade secrets and proprietary commercial information
- Confidential financial information provided by businesses
- Economic development negotiations prior to final agreement
Legal and Deliberative Process Records:
- Attorney-client privileged communications
- Attorney work product
- Preliminary drafts and notes
- Records pertaining to collective bargaining strategy
Security and Infrastructure Information:
- Critical infrastructure details
- Building security systems and emergency response plans
- Computer security information and access codes
Other Protected Records:
- Adoption records
- Records sealed by court order
- Library user records
- Certain real estate appraisals prior to property acquisition

The county applies a balancing test as required by 29 Del. C. § 10002(g) when determining if disclosure would constitute an invasion of personal privacy. This test weighs the public interest in disclosure against the privacy interests of individuals.

When records contain both exempt and non-exempt information, the county will redact the confidential portions and release the remainder, as required by Delaware law.