Are eviction records public?

Are Eviction Records Public in Delaware? A Guide for Tenants

If you are a tenant in Delaware, understanding how eviction records are handled is crucial. Whether you are worried about a past eviction appearing on your record or concerned about privacy, it is important to know what information is public and how it may impact you.

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Overview of Eviction Records in Delaware

In Delaware, eviction records are generally considered public records. This means that information about eviction cases filed in the state’s courts can be accessed by the general public. The Delaware justice system maintains such records through the court system, and landlords, background check companies, or prospective landlords can often obtain these records.

What Information Is Included in Eviction Records?

Eviction records in Delaware typically include:

• The names of the tenant(s) involved.
• The name of the landlord or property management company.
• The court case number.
• The details of the complaint, such as nonpayment of rent or lease violations.
• Judgments or rulings made by the court, including whether the eviction was granted or denied.
• Any monetary judgments, such as unpaid rent or damages.

Because these details are part of the public court record, they can be accessed in certain ways outlined below.

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How Can Eviction Records Be Accessed in Delaware?

Tenants, landlords, or any interested party can access eviction records through several means:

• Delaware Justice of the Peace Courts: Since eviction cases (known as landlord-tenant disputes) are typically handled in the Justice of the Peace Courts, eviction records can be obtained by visiting the court where the case was heard. Delaware’s Justice of the Peace courts usually provide access during business hours, and some may offer online case searches.
• Online Court Record Search: Delaware operates a few online portals where limited case information can be searched. Depending on the county, you may be able to look up landlord-tenant case information online.
• Third-Party Background Check Services: Many landlords use professional screening services that access public court records and compile eviction history. These databases pull from multiple jurisdictions, including Delaware courts.

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What Does Being a Public Record Mean for Tenants?

Because eviction cases are public records, here are some relevant considerations for tenants in Delaware:

• Potential Impact on Future Housing: Eviction filings and judgments can appear on tenant screening reports, which landlords review during the rental application process. Even if an eviction case was dismissed or the tenant won, the record of the filing may still exist.
• Duration on Record: Delaware does not have specific statutes limiting how long eviction records must be kept as public court records. However, under the Fair Credit Reporting Act (FCRA), eviction information older than seven years generally should not appear on tenant screening reports.
• Accessing and Correcting Records: Tenants can request copies of eviction case files from the respective court. If you believe there is an error or that the record is inaccurate, you may contact the court clerk to understand the process for correction or expungement.
• Expungement of Eviction Records: Delaware allows for certain records to be expunged (removed) in limited circumstances, particularly if the case was dismissed or resolved in favor of the tenant. Expungement can help restore a tenant’s reputation, but it requires filing a petition with the court and may involve a legal process.

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Protecting Your Rights as a Tenant Regarding Eviction Records

Being informed and proactive can help tenants manage their rental history:

• Request a Copy of Your Tenant Screening Report: Knowing what landlords see is vital. Tenants can request a free copy of their tenant screening or credit reports to check for eviction records.
• Understand Your Court Case: Attend all eviction hearings, present your case, and retain all documentation. If the court rules in your favor, ensure the judgment is properly recorded.
• Explore Legal Assistance: Delaware has tenant rights organizations and legal aid services that can help you understand eviction cases and your rights concerning public records.
• Consider Expungement if Eligible: If your eviction case was dismissed or resolved in your favor, look into expungement to clear the record.

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Summary

In Delaware, eviction records are generally public and accessible through the state’s Justice of the Peace courts and related online resources. These records include detailed information about eviction cases and can influence future housing opportunities. Tenants should be aware of their rights to access these records, correct any inaccuracies, and pursue expungement if applicable. Maintaining awareness and seeking assistance when needed can help Delaware tenants effectively manage the impact of eviction records on their rental history.