How to Find Delaware Court Records (2026)

In person. Go to the Prothonotary's office in the county where the Superior Court case was filed (Wilmington, Dover, or Georgetown), the Court of Common Pleas clerk's office in the same courthouse, or the specific Justice of the Peace Court that heard the case. Bring the case number if you have it; if not, the party names and an approximate year. Public terminals are typically available to search the index at no charge.

By mail. Write to the Prothonotary or clerk with the case number or party names and filing year, exactly which documents you need, whether you need a plain, certified, or exemplified copy, and payment for the fee (a check or money order made out to "State of Delaware" is usually accepted; call first to confirm the current amount and acceptable payment methods).

Online. Superior Court, Court of Common Pleas, and Justice of the Peace Court civil (and usually criminal and traffic) dockets can be searched for free on CourtConnect. Court of Chancery and Supreme Court dockets require a paid account on File & Serve Delaware. Copies of documents you view online are generally plain copies; certified copies must be requested from the clerk.

Probate records. Wills and estate records are not with the Prothonotary — they are with the Register of Wills in the county where the person lived. Each of the three counties (New Castle, Kent, Sussex) has its own elected Register of Wills with its own office and, in New Castle and Kent, its own online estate/will search.

Criminal history checks. A statewide, fingerprint-based criminal history comes from the Delaware State Police State Bureau of Identification, not from the court clerks. The courts' public-access policy explicitly states they cannot provide a consolidated Delaware criminal history.

Delaware court records are presumed open under each court's public-access policy, but the specific rules differ by court: Administrative Directive No. 2000-5 governs public access to Superior Court judicial records, and Administrative Directive No. 2007-2 governs access to Court of Common Pleas records. Justice of the Peace Court has separate policies for judicial and administrative records. Family Court records are confidential far more often than not, especially juvenile delinquency, dependency/neglect, and child-support matters.

Expungement. Delaware Code Title 11, Chapter 43, Subchapter VII governs expungement of criminal records. Certain misdemeanor and violation cases that end in the accused's favor are eligible for mandatory expungement, and as of August 1, 2024 the State Bureau of Identification proactively identifies and expunges many of those cases on a rolling basis without a separate application. Other misdemeanor and felony convictions can qualify for discretionary expungement after a waiting period (which varies by offense) if the person has no other convictions, but that requires filing an application with the State Bureau of Identification and, for discretionary cases, court review.

Other restricted records. Juvenile Family Court records, adoption files, and most Family Court case files involving minors are confidential by statute. The Court of Chancery's own public-access policy for case records was, as of the source page used for this guide, still under review, so confirm current practice directly with the Register in Chancery for any Chancery matter you expect to be sensitive.

Delaware's Freedom of Information Act (Title 29, Chapter 100) does not apply to the judiciary; access to court case records is governed by each court's own public-access policy, and requests go to the clerk (Prothonotary, Register in Chancery, or Court of Common Pleas/JP Court clerk), not through a FOIA request.