Delaware Background Check

What is Background Check?

A background check or background investigation is the process of researching and compiling past information on an individual. This information is usually gleaned from public records held by government organizations and departments. They include arrest records (warrants, felony and misdemeanor charges, incarcerations, sex offenses), vital records (marriage and divorce records, birth and death certificates, civil court hearings), property records (owned property, estimated values, purchased goods used as collateral), background check records (bankruptcy records, places of residence, occupancies at that residence, and how long people lived there

The amount of background check information presented on StateRecords.org will vary from individual to individual as well as by what resources were used to collect the information, because different sources, which are publicly available, often have non-standardized town, county and state level protocols, storage classifications, requirements, organization and digitization processes.

County Infrastructure

In the United States, a county is a political and geographic subdivision of a state, usually assigned some level of governmental authority. Many counties are divided into smaller political or governmental units, which may provide governmental or public services. The importance of the county infrastructure lays on the court legal procedures and incarceration infrastructure. Most court cases in Delaware courts begin in one of the 3 superior or trial courts located in each of the state’s 3 counties. Each county demonstrates a judicial power and legal power by its courts. All small claim cases are assigned to the county court houses, leaving them with the executive power over sentence of the case.

Incarceration Infrastructure

Delaware Department of Correction and Rehabilitation is entitled to govern the majority of the imprisonment in the state of Delaware, excluding juvenile incarceration, federal prisons, and county jails.  The state of Delaware registers 4 state prisons held by the Delaware Department of Correction and Rehabilitation, no federal prisons, and 1 juvenile facility  held by the Delaware Division of Juvenile Justice.

Criminal Records

A criminal record is defined as an official document that records a person’s criminal history including arrest records, warrant records, felony records, misdemeanor records and sex offender registration information. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county, but the majority of Delaware criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report.

Civil Records

A civil record is defined as the documents which keep, administrate, and maintain all records regarding a person’s most important life events. These records compile such documents as birth certificates, marriage records, divorce records and death certificates. All the available records are gathered and stored in a permanent central registry state entity that is used to develop statistical analysis of its population presenting it to the public in a report. The records are compiled from the information presented by the bureaus of statistic and vital records, civil court cases and vital indexes.

Bankruptcy Information

Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. While bankruptcy cases are always filed in United States Bankruptcy Court, an adjunct to the United State District Courts, bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon State law. The United States Code signed six types of bankruptcy under the Bankruptcy code. The most common types of personal bankruptcy for individuals are addressed in Chapter 7 and Chapter 13 which compromise straight bankruptcy and Wage Earner Bankruptcy.

Why is Background Check is Available to the Public?

In late 1977, the Delaware State Legislature pass a law named the Delaware Freedom of Information Act. This law  is for the last changes in 2009 and aims to make sure disclosure of court records and other public records to the public, Delaware FOIA Laws. Every person throughout the state can request access to access all public records through the assigned specialized offices within its determined terms. The availability of the records extends to vital records, court records, criminal records and bankruptcy information as these cases are governed by the Delaware District Courts.

What Background Check Access Mean to the Public?

The law is like The Delaware Open Meetings Law which monitors the methods by which public meetings are for the Delaware Freedom of Information Act guarantees that the public has access to the public records of governmental bodies in Delaware.

Delaware State Archives

State Archives

Results Include

Full State Record Report:

  • Name
  • Location
  • Case Number
  • Case Summary
  • Docket
  • Police Report
  • Court Documents
  • Legal Records
  • Case File
  • Statements
  • Transcripts
  • Legal Forms
  • Case Notes
  • Disposition
  • Trial Records
  • Arbitration
  • Case Evidence
  • Witnesses
  • Interviews
  • Descriptions
  • Mugshots
  • Charges
  • Legal Motions
  • Attorney Records
  • Prosecution Records
Delaware Old New Castle Courthouse 1936

Delaware Old New Castle Courthouse 1936

  • State Archives hold over 95,000 cubic feet of records.
  • The Superior Court has 19 judicial officials working in the Superior Courts. 
  • There are 3 Superior Courts in Delaware for each county.
  • There are 2 levels of Courts: superior and chancery.
  • The highest Court in Delaware is Delaware Supreme Court.
  • LSC
  • ACLU
  • Right to Life
  • IRS