Del. lawmakers consider bill to shield old evictions from people’s records

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Sharell Hayman said a past eviction is preventing her and her daughter from finding a place to live. She said they’re currently homeless.

“Before losing my job, I had a strong rental history. I paid my rent on time, kept my home up,” Hayman said. “But after one hardship, my daughter and I end up sleeping in the car.

Delaware lawmakers are considering legislation making it easier for people to expunge evictions from their public records, giving them a second chance at securing housing. It passed the state Senate and was released from a House committee Tuesday.

Under the bill sponsored by state Sen. Elizabeth “Tizzy” Lockman, D-Wilmington, people who were subject to eviction could have that information shielded from public view under certain conditions.

A court would be able to shield the defendant’s record if the judgment against them is 5 years old or older and the financial obligations have been satisfied. They would also need to be free of any similar judgments within the past five years.

Other conditions under which someone could also get their eviction removed from public view include if they fulfilled the terms of a stipulated agreement, the court dismissed the eviction complaint, the court ruled in the defendant’s favor or if it’s in the interest of justice.

House sponsor state Rep. Kendra Johnson, D-Bear, said once the court issues the shield order, it’s like the eviction had never been filed and the renter does not have to disclose it on future housing applications.

Hayman said she supports the legislation because she said families like hers are being left behind.

“The landlords reject families over one past eviction, even if we are working and fixing our credit at the moment,” she said. “The criterias are impossible, perfect credit, three times the rent, no vouchers. There’s no second chance, no compassion.”