Delaware courts hide eligible eviction records from public view

A court must shield an eligible eviction case when the person sued asks. This applies to people sued in Delaware eviction cases. The court must grant the request if the person won, the case was withdrawn or dismissed, the person followed an agreement that resolved the case, both sides agree, or shielding clearly serves justice. The court cannot charge a fee to file the request. These record-shielding rules take effect six months after enactment.

A court must also shield an older eviction case if its judgment meets the listed conditions. This route applies to people with a judgment against them in a Delaware eviction case. The judgment must follow the court’s consideration of the case, the defendant’s failure to respond, or an agreement between the parties. The person must have paid any money awarded in the judgment and have no similar judgments in the five years before asking. At least five years must have passed since the judgment was entered.

After granting shielding, the court must set aside any judgment and close the case record to public view. The removal rule covers public court systems the court controls. The person sued may answer questions as though the shielded case was never filed. The Justice Department may request the record but must keep it confidential, and the person sued may also request it. A court may release a copy to the public only when publication serves the public interest and the person’s name, personal details, and property address are hidden. Within 45 days after the shielding order, the court must notify the person sued and remove the case from its public systems.