Shielding an Eviction Case
25 Del. C. § 5720 — a dismissed, settled or won case, or 5 years after a judgment is paid, taken off the public record
A tenant who was a defendant in an eviction case may ask the court that heard it to shield the record, and the court must grant it where:
- The landlord withdrew the complaint, or the court dismissed it, or the judgment was for the tenant.
- The case was settled by agreement and the tenant complied with it.
- Both sides agree to shield it.
- There was a judgment against the tenant, 5 or more years have passed, any money award is paid, and there is no other similar judgment within 5 years.
- Shielding is clearly in the interests of justice.
As if never filed. Once the order is entered, the case is deemed not to have been filed, the judgment is set aside, and the tenant may answer questions about it accordingly. Within 45 days, the court removes it from its public systems. There is no filing fee.
A particular record is a question for a licensed Delaware attorney.
Sources for this section (1)
- 25 Del. C. § 5720 — Shielding of records
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.