Join us for June's First Saturday Program:
Not Today, PA! — Discover the origins of Separation Day.
Learn more
about this alert.
Join us for June's First Saturday Program:
Not Today, PA! — Discover the origins of Separation Day.
Learn more
about this alert.
Last updated: June 23, 2023
This FAQ is organized into three sections:
Q. Does the Archives have a notification service? If so, how do I subscribe to announcements concerning Records and Information Management issues?
A. Yes. Government Services has added a Records and Information Management announcement section to the Delaware Notification Service. This subscription service helps deliver rapid updates to state and local agencies, including emergency notices, training opportunities, policy updates, procedural updates, and FAQ updates. Records Officers, Authorized Agents, and Records Managers are encouraged to create or update their profile and subscribe. See How to Subscribe to Announcements from the Delaware Public Archives.
Q. What is the Delaware Public Records Law?
A. The Delaware Public Records Law is a single body of law applicable to all public officers and employees on records management and preservation, intended to keep procedures uniform throughout the State. See 29 Del. C. Sec. 501-536.
Q. What is a Vital Record?
A. Vital records are required to ensure agency operations during emergencies, disasters, and recovery. They are also essential to protecting legal and financial rights and interests of agencies and affected individuals. Each agency is responsible for identifying its vital records.
Q. What is a Public Record?
A. Delaware Public Records Law (29 Del. C. Sec. 502) defines a public record broadly as documentary material, regardless of physical form or characteristics, created, used, received, or maintained in connection with public business.
Note: It is the content of a record, not the medium, that determines whether it is a public record. Electronic records include records stored, generated, received, or communicated electronically, including word processing files, spreadsheets, databases, emails, websites, audio, and video files.
Q. What is a Confidential Record?
A. Confidential records are records not open to the public in order to protect privacy rights or security arrangements of persons, places, items, and facilities as defined by law. Federal and state laws determine confidentiality. Restrictions may apply to entire records or only portions of records. Agencies are responsible for identifying confidential information.
Q. Are emails records?
A. Yes. Emails are records and are subject to public access and retention laws. There is no single retention period for all email; retention depends on the content and purpose of each message.
Q. Are websites records?
A. Yes. Websites contain informational and historical records documenting agency functions. Retention is determined by website content.
Q. Are agencies required to appoint a Records Officer?
A. Yes. Under 29 Del. C. Sec. 521, each state agency and political subdivision must appoint at least one Records Officer.
Q. How do agencies appoint a Records Officer and/or Authorized Agent?
A. Agencies must complete the Records Officer and Authorized Agent form on the Government Services > Records Management Forms page. Appointments are due each year by July 1. If designees change, agencies must notify Delaware Public Archives in writing within 30 days.
Q. What is the difference between a Records Officer and Authorized Agent?
A. The Records Officer serves as agency liaison with Archives on records administration, including retention scheduling, storage, imaging, retrieval, and destruction services. The Records Officer also works with Archives on agency publications under 29 Del. C. Sec. 519. The Authorized Agent assists with records management tasks such as Transfer Documents, Destruction Notices, and Records Service Forms.
Q. What is the difference between Archives policies/procedures and user guides/manuals?
A. Policies and procedures provide rules and guidelines used to shape decisions and long-term goals. User guides and manuals provide step-by-step instructions for tasks and forms required by Archives.
Q. Who is the Information Resource Specialist (Records Analyst) assigned to assist my agency?
A. See Agency Assignments, or call the Government Services Manager at (302) 744-5021.
Q. Where can I find Records Management Forms required by Government Services?
A. Forms are available on the Archives website under Government Services > Records Management Forms.
Q. How do I complete the forms required by Archives?
A. Archives publishes user guides for each Government Services form. Guides appear below each form on the Government Services > Records Management Forms page. Contact your assigned Records Analyst for help as needed.
Q. How does my agency transfer records to Archives?
A. Records must meet required retention under an agency-specific or general retention schedule. Agencies must prepare files in alphabetical or numerical order and place them in approved boxes. For more detail, review the transfer manuals or the User’s Guide for Transfer Form. The Records Officer or Authorized Agent then completes a Transfer Document Form and Content List (provided by the assigned Records Analyst). Send forms in original format by email to the assigned Records Analyst for review. Archives will coordinate physical transfer after approval. This process may take 6-8 weeks. Additional guidance is available in the Delaware Public Archives Transfer Manuals.
Q. What is the proper process for my agency to destroy records?
A. Records must meet required retention before destruction authorization can be requested. Agencies should prepare files by removing prohibited materials (for example, metal and plastics; see Items Prohibited in Destruction Boxes) and placing files in approved boxes. The Records Officer or Authorized Agent completes a Destruction Notice Form and submits it in original format to the assigned Records Analyst for review. Archives will notify the agency when approved and when to proceed. Records may not be destroyed without consent of the State Archives (29 Del. C. Sec. 504(b)).
Q. What is the best way to physically transport records to Archives?
A. Records should be transported in a closed, lockable vehicle to safeguard against loss, unauthorized access, or accidental disclosure of protected information.
Q. Does the state have a contract for purchasing boxes?
A. Yes. Refer to the User’s Guide to Storage and Use of Archival Boxes. Local and municipal governments are not included in contractual pricing, though vendors may choose to offer similar pricing.
Q. How do I obtain a Content List?
A. Government Services creates content lists based on state or local general retention schedules and agency-specific retention schedules. A content list is an inventory used to identify and retrieve transferred records. Agencies can request a content list and inventory of prior transfers from their assigned analyst.
Q. How does my agency request records after transfer to Archives or the State Records Center?
A. The agency Records Officer or Authorized Agent completes a Records Service Form and submits it, in original format, to rrecords@delaware.gov.
Q. How do I add interfile material after records have been transferred?
A. Archives does not accept loose papers for interfiling. For records in the State Records Center, submit a Records Service Form to rrecords@delaware.gov and the files will be delivered to your agency for interfiling, then returned. For records already accessioned into Archives, contact archives@delaware.gov.
Q. How long does it take Archives to deliver a file?
A. Archives delivers weekly. Requests must be received by noon the day before scheduled delivery. New Castle County deliveries are on Tuesdays; Kent and Sussex deliveries are on Thursdays. Holidays and severe weather may delay delivery.
Q. What is a retention schedule?
A. A retention schedule identifies record titles/descriptions, minimum retention period, final disposition (destruction or temporary/permanent storage), vital record status, and whether records are open or confidential. General schedules apply across many agencies; agency-specific schedules apply to records unique to a specific agency mission.
Q. Does our agency have a retention schedule? I cannot find anything on the Archives website for our agency.
A. Yes. General retention schedules are on the Archives website. Agencies obtain agency-specific schedules through their assigned Records Analyst.
Q. What is a records series?
A. A records series is the basic unit for organizing and controlling files. It is a group of records kept together because they share subject matter, function, activity, transaction type, format, or another relationship tied to creation, receipt, maintenance, or use.
Q. Is an agency required to review retention schedules? What may require revision, and how is revision completed?
A. Agencies should review schedules regularly for completeness and accuracy. Revisions may be needed for new or changed record series, legal/regulatory changes, unclear descriptions, or agency reorganization. The Records Officer identifies revisions by completing a Record Series Inventory Form for each affected series and collaborating with the assigned Records Analyst (29 Del. C. Sec. 524). Input from records users, IT staff, and subject matter experts is also important. Final revisions require Attorney General review and written approval by the agency head.
Q. How may an agency view microfilm/microfiche without equipment?
A. Archives provides microfilm and microfiche viewers in the research room. There is no machine-use fee for agencies. If paper copies are needed, printing fees apply unless the agency provides its own copy paper.
Q. If a student in a public or charter school is transferring out of state or to a private school, may I send the original Delaware student/school record to the receiving school?
A. No. Original Delaware records should never be transferred outside the direct control of a State of Delaware agency. Schools may send copies or certified copies as needed by policy.
Q. How may I request student/school records?
A. If a school is still in operation, requests must be made through that school. Archives services records requests for permanently closed high schools.
Agencies requesting records must complete the Records Request Form and submit it, in original format, to Ready Records at rrecords@delaware.gov.
Former students (and, with limitations, parents) may access their own educational record. Disclosure to other third parties is restricted by Delaware FOIA (29 Del. C. Sec. 10002(l)(2)) and FERPA (20 U.S.C. Sec. 1232g and 34 CFR Part 99). Archives does not receive or store private-school educational records.
Delaware's Governor
State Directory
Elected Officials
General Assembly
Delaware Courts
State Employees
Cities & Towns
Delaware State Code
State Regulations
Business First Steps
Phone Directory
Locations Directory
Delaware Public Meetings
Voting & Elections
Transparency
Choose Health DE
Tax Center
Personal Income Tax
Privacy Policy
Weather & Travel
Contact State Agencies
Corporations
Franchise Tax
Gross Receipts Tax
Withholding Tax
Guides to Services
Help Center
Mobile Apps
E-mail / Text Alerts
Social Media
Built by the Government Information Center
©MMXXVI Delaware.gov
