Bill > SB115

This bill creates a new legal mechanism in Delaware that allows individuals who have been involved in eviction proceedings to have their court records shielded under specific circumstances. The bill provides a pathway for defendants to apply to the court to have their eviction records hidden from public view, which can help reduce long-term barriers to housing and economic stability. Eligible scenarios for record shielding include cases where the judgment was in the defendant's favor, the plaintiff withdrew the complaint, the parties reached a stipulated agreement, or more than 5 years have passed since a judgment with full monetary satisfaction. If granted, the court must remove the record from public databases, issue a notification to the defendant, and treat the action as if it was never filed. The defendant can then legally state that the eviction never occurred. Shielded records can only be accessed by the Department of Justice, the defendant themselves, or in rare cases where the court determines public interest requires limited disclosure. There is no filing fee for submitting a motion to shield records, and the law will take effect six months after enactment. The primary goal is to prevent eviction records from creating long-term obstacles to securing future housing, particularly for marginalized populations.

Budget and Finance, Housing and Urban Affairs

https://legis.delaware.gov/BillDetail?LegislationId=142156