How to Seal an Eviction Record in Delaware

If you've been through an eviction in Delaware, you may wonder if your eviction record can be sealed or hidden from landlords or background checks. A public eviction record can make finding new housing difficult, but Delaware law now offers a pathway for certain tenants to seal prior eviction records under specific circumstances. This guide explains your options, official steps, and where to get help if you want to seal an eviction record in Delaware.

Understanding Eviction Records in Delaware

When a landlord files for eviction in Delaware, the case becomes a public record. Even if you won the case, many tenant screening companies and future landlords can access this record for years. Sealing an eviction record makes it unavailable to the general public, offering renters a fresh start.

Who Can Seal an Eviction Record?

Not all eviction records in Delaware are eligible to be sealed. Under Delaware Residential Landlord-Tenant Code, Chapter 57: Sealing of Eviction Records, you may qualify if:

• Your eviction was dismissed or decided in your favor
• You and the landlord settled before a final judgment
• The eviction was based on unpaid rent, you have since paid in full, and at least three years have passed since the judgment
• The court finds "good cause" to seal the case for the interest of justice

These rules are designed to balance tenant privacy with landlord interests. It is up to the court to approve or deny your sealing request.

Which Court Handles Sealing Eviction Records?

The Justice of the Peace Court in Delaware oversees landlord-tenant matters, including eviction cases and petitions to seal eviction records.

Official Forms for Sealing an Eviction Record

You must submit the appropriate petition to the Justice of the Peace Court. As of 2024, these are the main forms used:

• "Petition to Seal Eviction Record" (Form CF12) – This is the official form renters complete to request that the court seal their eviction record. You must provide details about your case, explain why you qualify, and attach supporting documents if required.
  Example use: If your eviction case was dismissed, you can file this petition asking the court to seal it from public records.
  Download the Petition to Seal Eviction Record (Form CF12)

Submit your form to the Justice of the Peace Court location that heard your eviction case. There might be a filing fee, but waiver requests are possible if you cannot pay.

Steps to Seal Your Eviction Record in Delaware

Here is a brief summary before listing the detailed action steps you should follow to seal an eviction record:

• Review your eligibility
• Complete the petition form
• File with the correct court
• Attend any required court hearing
• Follow up to ensure your record is sealed

Detailed Action Steps

• Obtain and fill out the Petition to Seal Eviction Record (Form CF12). Be thorough and provide case numbers, court location, and dates.
• Attach any supporting documents (e.g., proof of dismissal, settlements, or payments) to show eligibility.
• File your petition with the Justice of the Peace Court where the eviction was handled. You can find court locations here.
• Pay the filing fee, or file a fee waiver request if needed.
• If the court schedules a hearing, attend and be prepared to explain your situation. The judge will decide if sealing is appropriate.
• If approved, follow up with the Clerk’s Office after 30 days to ensure your record is no longer public.

What to Expect After Sealing an Eviction Record

Once your case is officially sealed by court order, landlords, screening companies, and the general public will no longer have access to the sealed eviction record. Only certain law enforcement or courts may be able to view it in special circumstances. If your request is denied, you can ask the court if you are able to re-apply in the future.

Relevant Delaware Legislation

• Delaware Landlord-Tenant Code, Chapter 57: Sealing of Eviction Records
• Justice of the Peace Civil Rules (see procedures around records and filings)

Frequently Asked Questions

1. Can I seal my eviction if I owed rent but am now paid up?
   Yes, if you have paid all owed rent and at least three years have passed since judgment, you may qualify to petition for sealing. Attach proof of payment when you file.
2. How long does it take to seal an eviction record in Delaware?
   Processing times vary, but after filing, most cases are reviewed within several weeks. If a hearing is required, it may take longer.
3. Will sealed eviction records show up on background checks?
   No, sealed eviction records cannot be accessed by landlords, the public, or most tenant screening companies.
4. What if my sealing request is denied?
   You may not seal your record, but the court should explain the decision. Ask if you can reapply later, or seek legal help for your options.
5. Do I need a lawyer to seal my eviction record?
   No, you are not required to have legal representation, but a lawyer or housing advocate can help make the process smoother if you have questions or a complex case.

Conclusion – What Delaware Renters Should Remember

• Sealing an eviction record is possible in Delaware for eligible renters under specific conditions
• You must file the proper form (CF12) with the Justice of the Peace Court
• If successful, sealing gives renters a chance for a clean housing record and better future opportunities

Being proactive and informed about your eligibility can make a real difference in moving forward after an eviction.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord/Tenant Division: Official information, forms, and court locations
• Delaware Courts – Official Forms: Download and instructions for Form CF12
• Delaware Department of Justice – Housing Protection Unit: Advocacy, mediation, and legal assistance for renters

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1. Delaware Residential Landlord-Tenant Code, Chapter 57: Sealing of Eviction Records
2. Justice of the Peace Court – Landlord/Tenant
3. Petition to Seal Eviction Record (Form CF12)

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