Bill Sponsor
Delaware Senate Bill 115
Session 153
An Act To Amend Title 25 Of The Delaware Code Relating To Summary Possession.
Became Law
Became Law
Signed by Governor on Jul 29, 2025
First Action
Jun 11, 2025
Latest Action
Jul 29, 2025
Origin Chamber
Senate
Type
Bill
Bill Number
115
State
Delaware
Session
153
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Unknown
Sarah McBride
Primary
Democrat
Primary
Senate Votes (1)
House Votes (1)
Summary
This Act provides a pathway for former defendants in eviction actions to have the eviction filings against them shielded from public view. Being the subject of an eviction filing can prevent an individual from securing housing for years after any judgment in the case has been satisfied. Even tenants who prevailed in eviction actions may be denied housing by landlords who turn away any applicant with a prior eviction filing, regardless of the outcome of the case. The well-known health, social, and economic consequences of eviction can thus linger for years after an eviction filing, and trap individuals – including many children and families – in a cycle of poverty and housing instability. The effects are particularly acute among already marginalized groups, such as Black and female renters. By shielding eviction records when an individual has met certain requirements, this Act will help break down barriers to stable housing and economic security. Under this Act, the Court must grant shielding upon a motion by the defendant if the Court finds any of the following to be true: 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 the defendant have agreed to the shielding. 7. The shielding of the records is clearly in the interests of justice. The Court may not charge a filing fee for a motion to shield. Once the Court has granted the shielding, the Court has 45 days to effectuate it. An individual whose eviction record has been shielded can answer questions about prior evictions as if the shielded action was never filed. This Act is a second Substitute for Senate Bill No. 115. Like Senate Substitute No. 1 for Senate Bill No. 115, Senate Substitute No. 2 for Senate Bill No. 115 does the following: 1. Adds judgement by stipulation to the list of judgments for which shielding is available after 5 years if the defendant has satisfied any monetary award included in the judgment. 2. Creates exceptions that make the shielded records available to the Department of Justice and the defendant in the action. 3. Allows for records of shielded actions to be available to the public for purposes of preserving case law, provided that all identifying information is redacted or otherwise obscured. 4. Makes minor technical changes. The primary differences between Senate Substitute No. 1 for Senate Bill No. 115 and Senate Substitute No. 2 for Senate Bill No. 115 are as follows: 1. Senate Substitute No. 2 replaces the term “expungement” with the term “shielding” to better reflect how the Court will be handling records. 2. Senate Substitute No. 2 eliminates the provision in Senate Substitute No. 1 that would have allowed certain eviction records to be automatically shielded. 3. Senate Substitute No. 2 adds a requirement that a defendant seeking shielding under paragraph (a)(1) of § 5720 (lines 6 through 9) have no other similar judgments against them within 5 years of the motion to shield. Senate Substitute No 2. also adds language specifying that redacted records are being made available for purposes of preserving important case law, and that the Court is responsible only for databases and systems that it controls.
Actions (8)
07/29/2025
Office of the Governor
Signed by Governor
07/01/2025
House
Passed By House. Votes: 27 YES 12 NO 1 ABSENT 1 VACANT
06/25/2025
House
Reported Out of Committee (Appropriations) in House with 4 On Its Merits
06/18/2025
House
Assigned to Appropriations Committee in House
06/17/2025
House
Reported Out of Committee (Housing) in House with 5 Favorable, 2 On Its Merits
06/12/2025
House
Assigned to Housing Committee in House
06/12/2025
Senate
Passed By Senate. Votes: 19 YES 2 ABSENT
06/11/2025
Senate
was introduced and adopted in lieu of SB 115
Sources
Record Created
Apr 28, 2025 10:09:52 PM
Record Updated
Aug 8, 2025 4:20:58 PM