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

Delaware renters can shield eviction case records

The law takes effect six months after enactment. Defendants in Delaware eviction cases can ask the court to shield their case records from public view, without a filing fee. The court must approve the request when any one qualifying reason applies. A judgment after a decision on the merits, a default judgment, or an agreed judgment qualifies after at least 5 years. For that route, any money award must be paid, with no other similar judgments in the 5 years before the request. Other qualifying reasons are compliance with an agreed settlement, a withdrawn complaint, a dismissed complaint, or a final judgment for the defendant. Both sides agreeing to shielding, or shielding clearly serving the interests of justice, also qualifies. The court must shield the record and set aside any original judgment. The case then counts as never filed, and defendants can answer questions as though it never happened. Within 45 days after the order, the court must send written notice and a certified copy of the shielded records. It must also explain that public access has ended, remove records from public court systems, and permanently block public access to stored records. Limited disclosure remains allowed: defendants and the Department of Justice can request records, and the department must keep them confidential. The court can allow public-interest publication only with the defendant’s name, personal information, and property address hidden. The court can adopt rules to carry out this process.