Courts nationwide are adopting new strategies to lessen the harm caused by eviction filings. Even when tenants prevail — or when cases are dismissed — these filings create a “Scarlet E” that appears in background checks, tenant screening reports, and credit histories.
A new report by the National Center for State Courts (NCSC), titled “Eviction Record Sealing Strategies,” explores practices such as sealing and expunging cases, modifying court rules, and updating local practices. Many times, these approaches to housing stability, fairness, and access to justice do not require new legislation.
“Courts play a critical role in ensuring that eviction records do not create unnecessary barriers to safe, stable housing,” said NCSC Interim Managing Director Samira Nazem. “Our goal with this report is to offer practical, actionable tools that judges and court leaders can use right now.”
The report addresses different ways courts can take actionable steps within their existing statutory frameworks:
• Tier 1: Legislation authorizing courts to seal eviction records
• Tier 2: Court rules and administrative orders addressing public access to eviction records
• Tier 3: Court practices and procedures to mitigate the harm of open eviction records while balancing the public interest
Examples of changes courts are making include providing checklists, self-help packets, and online tools; restricting digital access to eviction records; and hosting sealing clinics to help tenants file motions with real-time assistance.
Nazem noted that by embedding sealing into court operations, collaborating with legal aid partners, and making processes accessible for all parties, courts can help tenants move past an eviction and pursue long-term housing stability.
To learn more, visit www.ncsc.org/resources-courts/removing-housing-barriers-through-record-relief.
A new report by the National Center for State Courts (NCSC), titled “Eviction Record Sealing Strategies,” explores practices such as sealing and expunging cases, modifying court rules, and updating local practices. Many times, these approaches to housing stability, fairness, and access to justice do not require new legislation.
“Courts play a critical role in ensuring that eviction records do not create unnecessary barriers to safe, stable housing,” said NCSC Interim Managing Director Samira Nazem. “Our goal with this report is to offer practical, actionable tools that judges and court leaders can use right now.”
The report addresses different ways courts can take actionable steps within their existing statutory frameworks:
• Tier 1: Legislation authorizing courts to seal eviction records
• Tier 2: Court rules and administrative orders addressing public access to eviction records
• Tier 3: Court practices and procedures to mitigate the harm of open eviction records while balancing the public interest
Examples of changes courts are making include providing checklists, self-help packets, and online tools; restricting digital access to eviction records; and hosting sealing clinics to help tenants file motions with real-time assistance.
Nazem noted that by embedding sealing into court operations, collaborating with legal aid partners, and making processes accessible for all parties, courts can help tenants move past an eviction and pursue long-term housing stability.
To learn more, visit www.ncsc.org/resources-courts/removing-housing-barriers-through-record-relief.
