Using the Delaware Freedom of Information Act

When a record isn't online, the Delaware Freedom of Information Act is how you get it anyway. It sets who may ask, what Delaware agencies must hand over, and the clock they're on — and using it is free.

  • Ask in writing: name the records precisely (dates, custodian, record type), cite the law by name, and ask for electronic copies — email requests count nearly everywhere.
  • Know the clock: Delaware's FOIA is citizens-only — one of the few — and 15 business days, with the AG issuing binding-ish opinions on disputes.
  • Expect exemptions, not stonewalls: agencies must cite a specific exemption for anything withheld and release the rest — a blanket 'no' is usually appealable.
  • Escalate smart: denials in Delaware have a defined review path before any lawsuit — use it; it's free or nearly free, and agencies settle most disputes there.

Content reviewed July 30, 2026 by the SearchSystems editorial team.

Request Toolkits

NFOIC — State FOI Resources
Official Free
The National Freedom of Information Coalition's Delaware page: statute text, sample request letters, and the state's FOI advocacy groups.
🌐 nfoic.org
RCFP — Open Government Guide
Official Free
The Reporters Committee's state-by-state legal guide — the Delaware chapter is the practitioner's reference on every exemption, written by media lawyers.
🌐 rcfp.org
FOIA.gov — Federal Requests
Official Free
For records held by federal agencies (FBI files, immigration records, federal courts administration), the federal FOIA is the separate track — this is the official portal.
🌐 foia.gov

Writing a Delaware Request That Works

1
Aim at the custodian
Send the request to the agency's records custodian or FOIA officer — not the director, not the front desk. Most agencies list one; when in doubt, address it 'Attn: Records Custodian' and ask them to forward as required.
2
Cite the act, describe records — not questions
Name the law and be surgically specific: cite the Delaware Freedom of Information Act, describe the records by type, date range, and parties — not by question. Agencies must produce records, not answers; a request that reads like a question invites a lawful 'no records responsive.'
3
Manage fees before they happen
Ask for electronic copies in the original format and set a fee cap in writing in your first letter. Inspection-then-copy beats bulk copying, and the response clock above is the agency's, not yours.
4
Treat silence as a denial
Silence past the deadline is a denial in practice: follow up once in writing, then use the enforcement route described above — every state has one, and agencies move faster once the appeal path is invoked. Keep the whole exchange in writing; it becomes the record if it escalates.

Frequently Asked Questions

Who can file a Delaware records request?
Delaware's FOIA is citizens-only — one of the few — and 15 business days, with the AG issuing binding-ish opinions on disputes.
Can they charge me?
Only what the law allows — usually copying costs, sometimes staff time. Ask for the fee estimate before work starts, and ask for electronic copies to zero out most of it.
What's never released?
Every state exempts active investigations, juvenile matters, medical records, and personnel privacy. The agency must name the exemption — 'we don't do that' is not one.
Does the Delaware Freedom of Information Act cover courts?
Mostly no — court records run under the judiciary's own access rules, which is why our Delaware court records page is a separate path.

Related Delaware Records

Check what's already online before requesting: the Delaware directory indexes every official database we know, court records run under separate judicial rules, and arrest records have their own access quirks.