South Carolina legislators are considering new measures that would overhaul how eviction records impact a tenant’s future housing prospects. Currently, the state’s court system makes an eviction filing public the moment it is initiated, creating a permanent barrier to housing even if the tenant was never actually removed from their home.
Housing advocates and a bipartisan group of lawmakers are championing House Bill 4270, legislation designed to seal these records and offer tenants a fresh start.
The Problem of the ‘False Eviction’
Under current South Carolina law, an eviction case is entered into the public court index upon filing. This filing, which is then scraped by background check companies, becomes visible to prospective landlords for years—often permanently.
Advocacy groups highlight that this practice creates a “false eviction” mark for tenants whose cases were:
- Dismissed: The landlord filed improperly or dropped the case.
- Settled: The tenant and landlord reached an agreement, often involving a partial payment.
- Won by the Tenant: A magistrate ruled in favor of the renter.
In all these scenarios, the tenant was never actually ejected, yet the public record often functions as a permanent blacklist, making it nearly impossible to rent an apartment.
Legislation Proposes a Clean Slate
House Bill 4270, introduced by a coalition of representatives, seeks to address this crisis with specific timelines for sealing records:
- Dismissed or Settled Cases: Records for cases that do not result in a final judgment of eviction must be removed from the public court index within 30 days of resolution.
- Final Evictions: In cases where an eviction (Writ of Ejectment) was issued, the record must be removed from the public index after six years, giving the tenant a pathway to secure housing in the future.
- A Broader Five-Year Rule: The bill also proposes that any eviction record older than five years must be automatically removed from public records to ensure long-term relief.
Proponents of the bill argue it would make the state’s rental housing system fairer and more accurate. They emphasize that while landlords still need the ability to screen for genuinely problematic tenants, no citizen should be permanently denied housing because of a case that was settled, dismissed, or a hardship that occurred years in the past.
The legislation is currently being reviewed in the State House, where lawmakers are seeking to balance the need for tenant stability with the business interests of property owners. If passed, it would represent a significant shift in renters’ rights across the state.
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