Vote Smart's Synopsis:

Vote to pass a bill that restricts eviction records from public view in Delaware.

Highlights:

• Specifies that a defendant in an action under this chapter may apply to the Court in which the action was filed for an order shielding the record of the action. The Court must grant the defendant’s motion if the Court finds any of the following (Sec. 1):

• The judgment against the defendant was a judgment on the merits, a default judgment, or a stipulated  judgment, 5 or more years have passed since the judgment was entered, the defendant has satisfied any monetary award included in the judgment, and the defendant has had no other similar judgments within 5 years of the defendant’s  motion to shield;

• The parties resolved the action through a stipulated agreement, and the defendant has complied with the terms of the stipulated agreement;

• The plaintiff withdrew the complaint;

• The Court dismissed the plaintiff’s complaint;

• The final judgment was in favor of the defendant;

• The plaintiff and defendant have agreed to the shielding; or

• The shielding of the record is clearly in the interests of justice.

• Specifies that within 45 days of the Court’s entry of an order shielding the record of the action and setting aside the original judgment, the Court must do all of the following (Sec. 1):

• Provide the defendant with written notification of the shielding and a certified copy of the records being shielded;

• Provide the defendant with written notification that the records being shielded will no longer be accessible to the public through the Delaware court system;

• Remove the record of the action from all of the Court’s databases or systems that are publicly accessible; and 

• Ensure that all physical or electronic records held by the Court that are associated with the action are stored in such a way as to be permanently inaccessible to the public.

• Specifies that shielded records may only be disclosed if one of the following occurs ( Sec. 1):

• The records are requested by the Department of Justice, which must maintain the confidentiality of the records;

• The records are requested by the defendant; or

• The Court considers publication in the public interest and redacts or otherwise obscures the defendant’s name, personal information, and the address of the property for which summary possession was sought.

Full Bill Text