Massachusetts, New Hampshire and Texas are holding elections today. Find out what's on your ballot!

Delaware FOIA procedures

From Ballotpedia
Jump to: navigation, search
Find your State
Sunshine Laws
Open Records laws
Open Meetings Laws
How to Make Records Requests
Sunshine Legislation
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption

Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in Delaware. To read the history and details of Delaware’s sunshine laws please see the Delaware Freedom of Information Act.

How to request public records in Delaware

The act does not specify to whom to direct public record requests other than that requests should be sent to the public agency in possession of the documents.

Purpose and use

The act does not require a statement of purpose or restrict the use of records once they have been released.

Who may request public records?

See also: List of who can make public record requests by state

Any citizen of Delaware may request public documents. "All public records shall be open to inspection and copying by any citizen of the State."[1] However, recent federal court rulings have overruled this and opened records requests up to all U.S. citizens. For more information, please see Lee v. Minner.


See also: How much do public records cost?

The Delaware permits "reasonable" fees to be charged for copies of public records but does not elaborate on what factors can be included in the fee.

Response time

See also: Request response times by state

The Delaware FOIA law does not specify a response time. However, it does require departments to schedule appointments to return records requests that cannot be accommodated immediately.

See also


  1. Delaware Code, search for 10003.