AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

Delaware renters can clear eligible eviction records

Beginning six months after enactment, Delaware eviction defendants can ask the court where their case was filed to clear it. The court charges no filing fee for this request and must grant it when any one qualifying ground applies. A judgment after a decision on the case, or a default judgment, qualifies after at least 5 years, with any money award paid. A judgment based on the parties' agreement qualifies once you follow the agreement and pay any money award. Other grounds are a withdrawn complaint, a court-dismissed complaint, a final judgment in your favor, or both parties agreeing to expungement. Relief also applies when clearing the case clearly serves justice and that interest outweighs the public's interest in knowing about it. The court sets aside the judgment and clears the record. Once the order is entered, the case is treated as never filed, and you can answer questions that way. Within 45 days, the court must give you a certified copy of the cleared records and written notice ending public access. It must also remove the case from public state databases, including CourtConnect, within that deadline. Physical and electronic records must be stored so they are permanently inaccessible to the public and the parties.