Delaware General Assembly

Senate Finance 5/21/25

Awaiting consideration in Committee

SB 115

5/20/25

Lockman

Rep. K. Johnson

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO SUMMARY POSSESSION.

This Act provides a pathway for former defendants in eviction actions to have the eviction filings against them expunged. 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 expunging eviction filings 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 automatically expunge the record of an action in any of the following circumstances: 1. The plaintiff withdrew the complaint. 2. The Court dismissed the plaintiff’s complaint. 3. The final judgment was in favor of the defendant. This Act also provides that the Court must grant an expungement 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, and the defendant has satisfied any monetary award included in the judgment. 2. The parties resolved the action for through a stipulated agreement, and the defendant has complied with the terms of the stipulated agreement. 3. The plaintiff and the defendant have agreed to the expungement. 4. The expungement is clearly in the interests of justice. The Court may not charge a filing fee for a motion to expunge. Once the Court has granted the expungement, the Court has 45 days to effectuate it. An individual whose eviction record has been expunged can answer questions about prior evictions as if the expunged action was never filed. This Act is a Substitute for Senate Bill No. 115 and differs from Senate Bill No. 115 as follows: 1. Provides that under certain circumstances, expungements will be automatically effectuated by the Court. 2. Adds judgment by stipulation to the list of judgments for which expungement is available after 5 years if the defendant has satisfied any monetary award included in the judgment. 3. Creates exceptions that make the expunged records available to the Department of Justice and the defendant in the action. 4. Allows for expunged actions to be available to the public provided that all identifying information is redacted. This will ensure that important case law stemming from summary possession cases will remain accessible. 5. Makes technical corrections. This Act takes effect 6 months after its enactment into law.

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Takes effect upon being signed into law

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