Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 43. Sentencing, Probation, Parole and Pardons · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 4322 (2026)

Protection of records

✓ current as of May 2026
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(a) (1) Except as provided under paragraph (a)(2) of this section, the presentence report, the preparole report, the supervision history, and all other case records obtained in the discharge of official duty by any member or employee of the Department shall be privileged and shall only be disclosed to the courts, the Board of Parole, the Board of Pardons, the Attorney General and the Deputies Attorney General, or others entitled by this chapter to receive this information. The court or Board of Pardons may permit the inspection of the report or other information or parts of the report or other information by the individual who is the subject of the report or other information or the individual’s attorney or other persons who in the judgment of the court or Board of Pardons have a proper interest in the report or other information, whenever the best interest of this State or welfare of the individual who is the subject of the report or other information or other person makes the action desirable or helpful.

(2) A presentence report prepared for the Superior Court or the Court of Common Pleas is under the control of the court for which the report is prepared.

(b) (1) The Commissioner or the Commissioner’s designees may receive and use, for the purpose of aiding in the treatment of rehabilitation of an individual, the preparole report, the supervision history, and other Department of Correction case records, provided that the information or reports remain privileged for any other purpose.

(2) This subsection does not apply to the presentence reports of the Superior Court and the Court of Common Pleas which reports shall remain under the control of such Courts.

(c) An individual incarcerated in a correctional facility may not be provided a copy of the Department of Correction Policy and Procedures Manuals, the Bureau of Prisons Policy and Procedures Manuals, the Department of Correction Facilities Operational Procedures, Administrative Regulations, or Post Orders that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public.

(d) A Department of Correction policy or procedure which, in the judgement of the Commissioner, contains information that could jeopardize the safety or security of a correctional facility, corrections staff, individuals incarcerated in a correctional facility, or the public shall be confidential and subject to disclosure only upon written authority of the Commissioner. For purposes of this subsection, “Department of Correction policy or procedure” includes any policy, procedure, post order, facility operational procedure, or administrative regulation adopted by a bureau, facility, or division of the Department.

(e) The Department of Services for Children, Youth and Their Families may receive and use, for the purposes of investigating child abuse, neglect and dependency, providing services to prevent further child abuse, neglect and dependency or in aiding in reunification of families, information contained in Department records concerning offenders, providing that such information or reports remain privileged for any other purpose. This information may contain, but is not limited to, information concerning program participation in level IV and level V institutions, special conditions of probation or parole, compliance with those conditions and general supervision in the community.

(f) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, shall comply with the following procedure:

(1) The subpoena shall be issued at least 30 days in advance of the date on which production of the records is due.

(2) A copy of the subpoena shall be served on the State Solicitor.

Any subpoena issued without compliance with the requirements of this section shall be deemed void ab initio. Any such subpoena shall be reasonably limited in quantity with regard to the purpose for production and the issuer of the subpoena shall tender payment for the cost of the photocopying as established by the Department.

(g) Any subpoena issued for any record of the Department of Correction, or for any record of its employees maintained in the course of their duties, in a civil action between private parties shall comply with the following procedure:

(1) Where the information sought may reasonably be expected to be in the possession of 1 of the parties to the litigation, as well as in the possession of the Department, the information shall first be sought from the party to the litigation having possession of the information.

(2) Prior to seeking criminal history records from the Department, the party seeking the information shall first attempt to obtain criminal history information through proper procedures at the State Bureau of Identification, pursuant to § 8513 of this title.

(3) Any subpoena issued under this subsection shall meet the requirements of subsection (f) of this section above.

(h) (1) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction shall be issued at least 30 days in advance of the date on which the testimony is due, and a copy of the subpoena or summons shall be served on the State Solicitor.

(2) Any subpoena or summons issued for testimony of any official or employee of the Department of Correction, where the substance of the testimony would involve information contained in the records of the Department, shall comply with the requirements of subsection (f) of this section above, and the subpoena or summons shall be deemed a subpoena for the Department’s records. The Department or its Deputy Attorney General shall notify the issuer when a subpoena or summons for testimony is deemed a subpoena for records and subsection (f) of this section applies.

(3) The requirements of this subsection apply to both criminal and civil actions and in all courts.

(i) Notwithstanding any language in this section or elsewhere to the contrary, the time requirements in this section regarding the issuance of subpoenas shall not apply to any subpoena issued in:

(1) [Repealed.]

(2) Any civil or criminal case where the issuing party has less than 45 days’ notice of the trial date; or

(3) If the party issuing the subpoena can show that the late subpoena was issued as a result of information provided by the State less than 45 days prior to the trial date.

(j) An individual denied access to a document under subsection (c) or (d) of this section may seek relief under § 10005 of Title 29.

11 Del. C. 1953, §  4322;  54 Del. Laws, c. 349, §  7;  56 Del. Laws, c. 149;  66 Del. Laws, c. 233, §  3;  69 Del. Laws, c. 226, §  1;  71 Del. Laws, c. 324, §  1;  72 Del. Laws, c. 17, §  1;  75 Del. Laws, c. 368, §§  1-4;  83 Del. Laws, c. 467, § 2;  84 Del. Laws, c. 433, § 2;  85 Del. Laws, c. 67, § 3; 

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1982–2026 · leading case: Moody v. Kearney, 380 F. Supp. 2d 393 (D. Del. 2005).
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Moody v. Kearney, 380 F. Supp. 2d 393 (D. Del. 2005). “Furthermore, until plaintiff was represented by counsel, he was precluded from accessing any of the medical and correctional records that were relevant, see 11 Del. C. § 4322, and these records were necessary to corroborate and supplement his memory of the events.”
Devearl Bacon v. R. Taylor, 392 F. App'x 30 (3rd Cir. 2010). · cites it 3× “See 11 Del. C. § 4322; 29 Del. C. § 10002(g)(13).”
Laub v. Danberg, 979 A.2d 1111 (Del. 2009). · cites it 2× “The State responded that the manual was protected from discovery under 11 Del. C. § 4322. [2] Thereafter, Laub filed his response to the motion to dismiss.”
ACLU v. Martin (Del. Super. Ct. 2026). · cites it 5× “32 DOC asserted disclosure of any identifying information would violate 11 Del. C. § 4322(a); § 8501; and § 8513(d).”
Hall v. Coupe (Del. Ch. 2016). · cites it 2× “§ 4322(c) & (d) (“Sections 4322(c) & (d)”), which expressly 1 See 11 Del. C. § 4322(a)–(i). Hall, et al. v.”
Ryle v. DE Dept of Just. (Del. 2020). · cites it 2× “DOC denied Ryle’s request and referred Ryle to the FOIA statutory exemptions and to 11 Del. C. § 4322 (“Section 4322”). Section 4322 provides, in relevant part: 2 29 Del.”
Wood v. Connections Cmty. Support Programs, Inc. (D. Del. 2022). “” Defendants object on the ground that although they have access to Plaintiff’s medical records, they are not the custodian of the records, and that Plaintiff should request the records from the Delaware Department of Correction (“DOC”), as is purportedly required under 11 Del.…”
Jenkins v. Gulledge, 449 A.2d 207 (Del. 1982). · cites it 2× “5 Thus, it is clear that no implied repeal of 11 Del.C. § 4322, denying access by prison inmates to the records of the Department of Correction, can be inferred and none in fact has occurred.”
Huffman v. State (Del. 2015). “(19) Huffman next contends that his criminal history was shown to the Stepdaughter in violation of 11 Del. C. § 4322 and 11 Del. C. § 8513. According to Huffman, the Stepdaughter disclosed this information to others to defame him.”
— 11 Del. C. § 4322(a) — 2 cases
ACLU v. Martin (Del. Super. Ct. 2026). “32 DOC asserted disclosure of any identifying information would violate 11 Del. C. § 4322(a); § 8501; and § 8513(d).”
Hall v. Coupe (Del. Ch. 2016). “§ 4322(c) & (d) (“Sections 4322(c) & (d)”), which expressly 1 See 11 Del. C. § 4322(a)–(i). Hall, et al. v.”
— 11 Del. C. § 4322(a)(1) — 1 case
ACLU v. Martin (Del. Super. Ct. 2026). “32 DOC asserted disclosure of any identifying information would violate 11 Del. C. § 4322(a); § 8501; and § 8513(d).”
— 11 Del. C. § 4322(c) — 2 cases
Laub v. Danberg, 979 A.2d 1111 (Del. 2009). “The State responded that the manual was protected from discovery under 11 Del. C. § 4322. [2] Thereafter, Laub filed his response to the motion to dismiss.”
Hall v. Coupe (Del. Ch. 2016). “§ 4322(c) & (d) (“Sections 4322(c) & (d)”), which expressly 1 See 11 Del. C. § 4322(a)–(i). Hall, et al. v.”
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