North Carolina SB 569: Eviction Record Expunction Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 569

Short Title: Eviction Record Expunction Act. (Public)
Sponsors: Senators Murdock, Smith, and Chitlik (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S569-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR THE SEALING OF CERTAIN SUMMARY EJECTMENT 2
RECORDS AND PROCEEDINGS FROM PUBLIC RECORDS AND TO MAKE DENIAL 3
OF A RENTAL APPLICATION BASED ON CERTAIN SEALED RECORDS A 4
DISCRIMINATORY HOUSING PRACTICE UNDER THE FAIR HOUSING ACT. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Article 3 of Chapter 42 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 42-36.4. Automatic sealing of eviction records. 9
(a) The clerk of superior court shall cause all records of all summary ejectment 10
proceedings to be sealed and removed from publicly accessible records as follows: 11
(1) After three years from the date the judgment was entered. 12
(2) A pending proceeding where no decision has been entered. 13
(3) A proceeding that has been dismissed or where judgment was entered in favor 14
of the respondent tenant. 15
(4) A proceeding that names a respondent that is under 18 years of age. 16
(b) For the purposes of this section, the term "seal" or "sealed" means the act of keeping 17
some or all of the court record confidential and unavailable for public inspection. 18
(c) Nothing in this section is intended to limit or otherwise impair the docketing or 19
execution of a judgment for monetary damages in connection with a summary ejectment 20
proceeding filed under G.S. 42-26. 21
(d) This section shall not apply to summary ejectment proceedings filed under Article 7 22
of this Chapter." 23
SECTION 2. G.S. 41A-4 reads as rewritten: 24
"§ 41A-4. Unlawful discriminatory housing practices. 25
... 26
(h) It is an unlawful discriminatory housing practice to deny an applicant on a rental 27
agreement based upon a proceeding for summary ejectment that has been sealed pursuant to 28
G.S. 42-36.4." 29
SECTION 3. Section 1 of this act becomes effective October 1, 2025, and applies to 30
summary ejectment proceedings initiated on or after that date. The remainder of this act is 31
effective when it becomes law. 32