The impact of an eviction filing on a tenant’s ability to rent in the future is a significant topic of discussion in many states. Discussions are currently underway regarding the potential sealing or expunging of eviction records, which has prompted new legislative proposals.
S 56 was pre-filed in the South Carolina Senate in December and was referred to the Judiciary Committee. The bill would seal all eviction records, regardless of the case’s outcome. Stakeholders asked members of the South Carolina Apartment Association to provide 3 scenarios in which it would be acceptable for the record to be sealed. Those scenarios include cases where the tenant successfully defends the eviction, where the case was filed in error, and where the landlord has been paid in full. The bill is expected to be revised based on that feedback. With the makeup of the SC General Assembly, this bill is not likely to gain traction without the support of the South Carolina Apartment Association.
HB 2357 was introduced in the Kansas House of Representatives on February 7, 2025, and was referred to the Judiciary Committee, where a hearing was held on February 10. This legislation promotes eviction mediation and allows the sealing and expungement of evictions by the district courts under certain circumstances. The proposal would require courts to seal numerous eviction records from public view, including cases dismissed or where the judge rules in favor of the tenant. Records for evictions where the judge sides with the landlord would remain accessible. However, after two years, eviction records would be automatically expunged from the tenant’s record unless certain conditions apply, such as if outstanding debts are owed to the landlord. This bill also calls for mediation, though programs do not currently exist in some counties. More information can be found here.
HB 1769 was introduced in Pennsylvania in 2024. The proposed measure would have automatically restricted public access to eviction records, except for cases where a judge ruled in favor of the landlord. Records of these cases would be sealed after seven years. The parties involved in an eviction case could still view the filing, as well as educational institutions and nonprofits conducting research. Other individuals seeking access would need to obtain a court order. The author seeks support from lawmakers for a bill he plans to file during this session. SB 1137 was also introduced in the last session and is expected to be refiled again soon. Last year, Governor Josh Shapiro signed an executive order directing state officials to develop a comprehensive plan to “propose a strategy to help ease the burden of high housing costs in Pennsylvania by increasing the supply and preservation of housing.” That plan is due by this September. More information can be found here.
The Introduction of Expunging Eviction Records
According to the National Low Income Housing Coalition, in 2024, nine states introduced legislation to create or expand laws regarding the sealing and expunging of eviction records. These states include Arizona, Idaho, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, Utah, and Virginia.
Idaho passed these protections for renters through “Senate Bill 1327,” while Maryland enacted similar measures through “Senate Bill 19.” Virginia also approved protections via “House Bill 73.”
Additionally, Minnesota passed mandatory expungement protections for tenants through “SF 3492.” This law requires a tenant’s eviction record to be erased if any of the following conditions are met: (1) the eviction case was dismissed; (2) both parties agree to the expungement; (3) the eviction case was ruled in favor of the tenant, or (4) three years have passed since the eviction was ordered against the tenant.
More information can be found in the National Low Income Housing Coalition’s toolkit. The toolkit was developed in an effort by the National Low Income Housing Coalition’s (NLIHC) 2022-2023 End Rental Arrears to Stop Evictions (ERASE) Project Cohort to learn how to better control access to renters’ rental histories.
