25 Del. C. ch. 57 § 5720
Shielding of records
Operative Text
(a) 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: (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. (2) The parties resolved the action through a stipulated agreement, and the defendant has complied with the terms of the stipulated agreement. (3) The plaintiff withdrew the complaint. (4) The Court dismissed the plaintiff’s complaint. (5) The final judgment was in favor of the defendant. (6) The plaintiff and defendant have agreed to the shielding. (7) The shielding of the record is clearly in the interests of justice. (b) If the Court determines the defendant is eligible for relief under subsection (a) of this section, the Court must issue an order shielding the record of the action and setting aside the original judgment, if a judgment was entered. (c) On entry of the Court’s order under subsection (b) of this section, the action that is the subject of shielding under subsection (a) of this section is deemed not to have been filed, and the defendant may answer accordingly any questions related to the action’s occurrence. (d) Within 45 days of the Court’s entry of an order under subsection (b) of this section, the Court must do all of the following: (1) Provide the defendant with written notification of the shielding and a certified copy of the records being shielded. (2) Provide the defendant with written notification that the records being shielded will no longer be accessible to the public through the Delaware court system. (3) Remove the record of the action from all of the Court’s databases or systems that are publicly accessible. (4) 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 except as provided for under paragraph (e)(3) of this section. (e) Shielded records may only be disclosed if 1 of the following occurs: (1) The records are requested by the Department of Justice, which must maintain the confidentiality of the records. (2) The records are requested by the defendant. (3) 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. (f) The Court may not charge a filing fee for filing a motion under subsection (a) of this section. (g) The Court may adopt such rules as necessary to implement this section.
Section 5720 of Title 25 of the Delaware Code establishes a process by which a defendant in a summary possession (eviction) case can ask the court to shield—effectively seal—the record of that case from public view. The court is required to grant the request when certain conditions are met, such as when the case was dismissed, the plaintiff withdrew, the defendant won, or enough time has passed and any judgment has been satisfied. Once shielded, the record is treated as though the case was never filed, and the defendant may truthfully answer questions about the action accordingly.
Plain English — not legal advice.
Under 25 Del. C. ch. 57 § 5720, a landlord who initiates a summary possession action should be aware that the court record of that proceeding may later be shielded at the tenant's request if qualifying conditions are met—including mutual agreement of the parties. Landlords who reach a stipulated resolution with a tenant and agree to shielding as part of that agreement should document that agreement clearly. Because shielded records are treated as though the case was never filed, landlords generally cannot reference or rely on such proceedings in future tenant screening once shielding has been ordered.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5720 of Title 25 of the Delaware Code gives tenants who were defendants in eviction proceedings the right to apply to the court for an order shielding the record, with no filing fee required. Qualifying circumstances include winning the case, having the complaint withdrawn or dismissed, satisfying a judgment that is at least five years old with no similar judgments in that period, or reaching a mutual agreement with the landlord. Tenants who believe they may qualify can consult a tenant-rights organization or legal aid provider to understand which grounds might apply to their situation and how to prepare a motion under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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