Sussex County Public Records

What Are Public Records in Sussex County?

Public records in Sussex County, Delaware are defined as information, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of the State or its political subdivisions. This definition is established under Delaware's Freedom of Information Act (FOIA), Title 29, Chapter 100 of the Delaware Code.

Sussex County maintains a comprehensive collection of public records that are accessible to citizens and other interested parties. These records include:

Court Records: Civil, criminal, probate, and family court records are maintained by the Delaware Court System and can be accessed through the Delaware Court Connect system.
Property Records: Deeds, mortgages, liens, and assessments are maintained by the Sussex County Recorder of Deeds Office. Property assessment information is available through the Sussex County property records database.
Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees are maintained by the Delaware Office of Vital Statistics, with historical records housed at the Delaware Public Archives.
Business Records: Business licenses, permits, and fictitious name registrations are maintained by various county departments and the Delaware Division of Corporations.
Tax Records: Property tax information and assessment records are maintained by the Sussex County Assessment Division.
Voting and Election Records: Voter registration and election results are maintained by the Sussex County Department of Elections.
Meeting Minutes and Agendas: Records of county council meetings, board proceedings, and other public body gatherings are maintained by the Sussex County government.
Budget and Financial Documents: County financial records, budgets, and expenditure reports are maintained by the Sussex County Finance Department.
Law Enforcement Records: Arrest logs and incident reports (where permitted by law) are maintained by the respective law enforcement agencies.
Land Use and Zoning Records: Planning and zoning documents, permits, and applications are maintained by the Sussex County Planning and Zoning Department.

Each record type is maintained by a specific county department or state agency with jurisdiction over that particular subject matter. The Sussex County government website serves as the primary portal for accessing many of these records or directing citizens to the appropriate record custodian.

Is Sussex County an Open Records County?

Sussex County adheres to Delaware's Freedom of Information Act (FOIA), codified under Title 29, Chapter 100 of the Delaware Code, which establishes the public's right to access government records. Under § 10001 of this statute, "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."

The law explicitly states in § 10003 that "all public records shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body." This provision establishes the presumption of openness that guides Sussex County's approach to public records.

Sussex County has implemented specific policies to comply with state transparency requirements. The county maintains an Open Government portal where citizens can access various public records, meeting minutes, and financial information. This commitment to transparency extends to all county departments and agencies.

In addition to FOIA, Sussex County also complies with Delaware's "Sunshine Law" provisions found in Title 29, Chapter 100, § 10004, which requires that meetings of public bodies be open to the public, with limited exceptions for executive sessions.

The county's records policy aligns with the state's declaration that "it is the public policy of the State that the formation of public policy is public business and may not be conducted in secret." This policy framework ensures that Sussex County operates as an open records jurisdiction, with appropriate safeguards for confidential information as prescribed by law.

How to Find Public Records in Sussex County in 2026

Members of the public seeking access to Sussex County records may utilize several methods to locate and obtain the information they need. The following procedures are currently in effect for accessing various types of public records:

For Property Records:

Visit the Sussex County property records database to search for property information by owner name, address, or parcel number.
For deed records, access the Landmark Web Official Records Search maintained by the Recorder of Deeds.
In-person requests may be submitted at:

Sussex County Recorder of Deeds
2 The Circle
Georgetown, DE 19947
(302) 855-7785
Sussex County Recorder of Deeds

For Court Records:

Access the Delaware Court Connect online portal to search for civil, criminal, and traffic cases.
For family court matters, contact:

Family Court - Sussex County
100 East Market Street
Georgetown, DE 19947
(302) 855-7400
Delaware Family Court

For Vital Records:

Submit requests for birth, death, marriage, and divorce certificates to:

Office of Vital Statistics - Sussex County
546 S. Bedford Street
Georgetown, DE 19947
(302) 515-3020
Delaware Office of Vital Statistics

For Historical Records:

Research historical documents and archived county records at:

Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
(302) 744-5000
Delaware Public Archives

For General County Records:

Submit a FOIA request through the Sussex County website.
Complete the county's FOIA request form, specifying the records sought.
Submit the request to the appropriate department or the county's designated FOIA coordinator.

For records not available online, requestors may need to submit a written request that includes:

Requestor's name and contact information
A clear description of the records sought
Preferred format for receiving the records
Date range of the records, if applicable

County officials are required to respond to FOIA requests within 15 business days, as mandated by Delaware Code Title 29, § 10003(h).

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

Sussex County assesses fees for public records in accordance with Delaware Code Title 29, § 10003(m), which authorizes reasonable charges for copying and administrative costs. The current fee structure for public records in Sussex County is as follows:

Standard Copy Fees:

Paper copies: $0.50 per page for standard-sized documents (8.5" x 11")
Oversized documents: $2.00 to $15.00 per page, depending on size
Electronic copies: $0.10 per page when converting paper records to electronic format

Specialized Record Fees:

Certified copies of deeds: $25.00 per document
Recorded documents from the Recorder of Deeds: $1.00 per page
Marriage licenses: $50.00
Certified copies of vital records: $25.00 for the first copy, $15.00 for each additional copy

Administrative Fees:

Research and retrieval: $30.00 per hour after the first 30 minutes (which are free)
Computer programming or data extraction: $50.00 per hour when extensive IT resources are required

Payment Methods Accepted:

Cash (in-person only)
Check or money order (made payable to "Sussex County Government")
Credit/debit cards (Visa, MasterCard, Discover) - a processing fee may apply
Online payments for certain record types through department-specific portals

Fee waivers or reductions may be granted when the request is determined to be in the public interest, as provided in § 10003(m)(2). This determination considers whether the requested information primarily benefits the general public rather than the requestor.

Pursuant to Delaware FOIA provisions, agencies may require advance payment of fees when the estimated cost exceeds $100.00, or if the requestor has previously failed to pay fees in a timely manner.

All fees are subject to periodic review and adjustment by the Sussex County Council in accordance with state law and county ordinances.

Does Sussex County Have Free Public Records?

Sussex County provides several avenues for accessing public records at no cost to requestors. In accordance with Delaware's Freedom of Information Act, specifically Title 29, § 10003(a), all citizens have the right to inspect public records during regular business hours at no charge. The following free resources are currently available:

Free In-Person Inspection:

Members of the public may examine non-exempt records at the appropriate county office during normal business hours without incurring any fees.
This right of inspection applies to all public records maintained by Sussex County departments, provided the records are not exempt from disclosure.

Free Online Resources:

Sussex County Property Search - Provides free access to property assessment information, ownership details, and tax data.
Sussex County Council Meeting Minutes and Agendas - Available at no cost through the county's website.
Landmark Web Basic Access - Offers limited free searching of recorded documents (though document retrieval may incur fees).
Delaware Court Connect - Provides free case information searches for court records.
Sussex County Budget Documents - Financial reports and budget information available at no cost.

Free Public Access Terminals:

Computer terminals are available at various county offices for public use in searching electronic records at no charge.
The Sussex County Public Libraries provide free access to certain online county records.

Records Available Without Fees:

General county information and publications
Public notices and announcements
Election results and voter information (excluding confidential voter data)
County ordinances and regulations
Planning and zoning maps (for viewing purposes)

While inspection is free, reproduction costs may apply if copies are requested. Additionally, extensive research requests requiring significant staff time may incur administrative fees as outlined in the county's fee schedule.

Who Can Request Public Records in Sussex County?

Under Delaware's Freedom of Information Act, specifically Title 29, § 10003(a), "any citizen of the State" has the legal right to access public records. Sussex County interprets and applies this provision as follows:

Eligible Requestors:

Delaware residents (individuals, businesses, and organizations)
Representatives acting on behalf of Delaware citizens
News media organizations that circulate or broadcast in Delaware
Non-residents seeking records related to Delaware property they own

Identification Requirements:

Requestors may be asked to provide proof of Delaware citizenship or residency
Valid identification may include a Delaware driver's license, state ID, utility bill, or business registration
For representatives, documentation showing authorization to act on behalf of a Delaware citizen

Purpose Disclosure:

For most general public records, requestors are not required to state the purpose of their request
The county may not deny access based on a requestor's intended use of the information
However, pursuant to § 10002(l)(6), certain records may require purpose disclosure if access is restricted to particular uses under state or federal law

Special Considerations for Specific Record Types:

Vital records (birth, death certificates): Limited to the person named in the record, immediate family members, legal representatives, or those with a demonstrated legitimate interest
Property records: Available to any requestor regardless of residency status
Court records: Generally available to any person, with certain exceptions for sealed or confidential cases

Rights of Non-Delaware Residents:

While the statute limits FOIA rights to Delaware citizens, many Sussex County records are available to non-residents through other access mechanisms
Non-residents may access records through online portals without residency verification
Records available for public inspection at county offices may be viewed by non-residents

Requesting Your Own Records vs. Others' Records:

Individuals have broader access rights to their own records
Requests for others' records may be subject to privacy protections and exemptions
Power of attorney or court appointment documentation may be required when requesting records on behalf of another person

What Records Are Confidential in Sussex County?

Sussex County maintains certain records as confidential in accordance with Delaware Code Title 29, § 10002(l), which establishes specific exemptions from public disclosure. The following categories of records are currently protected from general public access:

Court and Legal Records:

Sealed court records pursuant to court order
Grand jury proceedings and evidence
Juvenile criminal history and family court records, as protected under Delaware Code Title 10, § 1063
Attorney-client privileged communications
Records pertaining to pending litigation involving the county

Law Enforcement Records:

Active criminal investigation records that would interfere with proceedings
Information that would endanger the safety of witnesses or jeopardize investigations
Criminal history record information restricted by Delaware Criminal Justice Information System regulations
Intelligence files and security procedures

Personal Privacy Information:

Social Security numbers, driver's license numbers, and financial account information
Medical and health records protected under HIPAA
Personnel records including performance evaluations, disciplinary actions, and personal information
Educational records protected under FERPA
Individual tax return information

Sensitive Government Information:

Records that would jeopardize security measures or emergency response plans
Critical infrastructure details that could pose a public safety risk
Trade secrets or proprietary commercial information provided to the county
Preliminary drafts, notes, and recommendations in which opinions are expressed
Records specifically exempted from disclosure by statute or common law

Social Services Records:

Child welfare and protective services records
Adoption records and proceedings
Public assistance and welfare recipient information

Other Protected Records:

Library user records and information
Certain economic development negotiations prior to final agreement
Test questions and scoring keys for licensing or employment examinations
Records that would constitute an invasion of personal privacy under § 10002(l)(1)

When a record contains both exempt and non-exempt information, Sussex County will provide the non-exempt portions after redacting confidential content, as required by § 10003(m)(2). The county applies a balancing test when considering discretionary exemptions, weighing the public interest in disclosure against privacy interests and potential harm from release.

Sussex County Recorder's Office: Contact Information and Hours

Sussex County Recorder of Deeds
2 The Circle
Georgetown, DE 19947
(302) 855-7785
Sussex County Recorder of Deeds

Regular Office Hours:
Monday through Friday: 8:30 AM to 4:30 PM
Closed on weekends and county-observed holidays

Services Provided:

Recording of deeds, mortgages, assignments, and satisfactions
Recording of liens, easements, and rights-of-way
Issuance of certified copies of recorded documents
Maintenance of land records dating back to 1693
Public access terminals for record searches
Document research assistance

Online Services: The Recorder's Office maintains the Landmark Web Official Records Search system, which provides 24/7 access to land records. This platform offers:

Basic search capabilities at no cost
Subscription options for enhanced access
Document viewing and printing (fees apply)
Access to records from 1964 to present

Document Recording Requirements:

Original documents must be submitted for recording
Documents must be signed and notarized as required by law
Proper recording fees must accompany submissions
Documents must meet formatting standards per Delaware Code

Recording Fees:

Base recording fee: $30.00 for the first page
Additional pages: $10.00 per page
Satisfaction of mortgage: $65.00 flat fee
Transfer tax documents: Subject to state and county transfer taxes

Payment Methods Accepted:

Cash
Check (made payable to "Sussex County Recorder of Deeds")
Money order
Credit/debit cards (convenience fee applies)

Mail-In Recording: Documents may be submitted for recording via mail to the address listed above. Include a self-addressed stamped envelope for return of the original documents after recording.