April 17, 2025
Studies show that the mere filing of an eviction increases the risk of homelessness and as a result, eviction records can create an obstacle to finding a safe place to live. Eviction record policies are also linked to other economic consequences like employment, hospital visits, and stays at emergency homeless shelters. For example, researchers examining eviction data from Cook County and New York City found that “evictions increase homelessness, reduce tenants’ earnings, and impede their access to credit.”
To try and lower the risk of homelessness, state legislatures and state courts have recently moved to either seal eviction records or remove them from the court systems, making them impossible to find in general or online in particular. Doing so allows future tenants the opportunity to apply for rentals and to live in secure places.
Examples of recent efforts are:
- Maryland—a 2024 law requires district courts to shield all records in eviction proceedings that did not result in the removal of the renter from the property within 60 days of the judgment. Additionally, the law allows cases that led to the removal may be sealed at the discretion of the court when the tenant paid the rent owed in a certain period.
- Ohio—the Dayton Municipal Court established a new rule to create a process to shield eviction records from public view. According to court officials, this could help thousands of people who were defendants in eviction proceedings to find future housing. The rule allows defendants to apply for sealing, and if approved, their file is removed from the case management system and the court’s website with the physical file is placed in a safe place away from the public.
- Oregon—a 2023 law requires courts to set aside and seal past residential evictions in cases that meet certain requirements. These evictions will no longer appear in background checks and, legally, the evictions never happened. As of January 2025, the Oregon judiciary sealed about 47,000 evictions with 50,000 set for review. In the future, eligible cases will be automatically set aside and sealed annually.
NCSC has several resources for state courts, attorneys, and the public on eviction diversion. The report Reimaging Housing Court: A Framework for Court-Based Eviction Diversion mentions three state courts that are also helping with the sealing of eviction records.
- The Lawrence Township Small Claims Court (Indiana) program provides workshops to help people with the application of their record sealing.
- The Milwaukee County Circuit Court created court rules and self-help materials to assist tenants in requesting their record sealing.
- The Alaska Court System adopted a rule to limit the access to eviction records.
Is your court thinking of sealing eviction records? Share your experiences with us. Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics and subscribe to the LinkedIn newsletter.