A recent change in Massachusetts law allows tenants to seal their eviction records, significantly reducing obstacles to securing housing. This measure is part of the Affordable Homes Act, which took effect in May 2023. Previously, landlords could deny rental applications based on eviction records, regardless of the case’s outcome. Now, tenants can initiate a sealing process, which ensures that eviction records remain confidential and cannot be used for commercial purposes.
During an information session on December 9, 2023, legal expert Angelina Morisi from Community Legal Aid outlined the steps required to seal an eviction record. Attendees included representatives from local advocacy groups such as Berkshire Health and Upside413, highlighting the community’s interest in understanding the new regulations.
Steps to Seal Eviction Records
To begin the sealing process, individuals must determine the outcome of their eviction case, the reasons behind the eviction, and how much time has passed since the case was resolved. Once this information is gathered, they can fill out the Petition to Seal. For those who find the process complex, online guided interviews are available to assist in completing the form. Additionally, Community Legal Aid plans to host a sealing clinic, which may occur in January 2024.
The ability to seal an eviction record varies depending on the eviction type and the time elapsed since it occurred. For cases that were dismissed or where the tenant prevailed, the process is straightforward—tenants simply check a box and provide personal details. They can file the petition immediately after the case concludes.
Conversely, if a tenant loses an eviction case, the process becomes more challenging. In a no-fault eviction, where a tenant is asked to vacate without cause, they can still file for sealing but must inform their former landlord. If the landlord opposes the petition, a hearing will be necessary to determine if sealing is appropriate.
For other types of evictions, such as non-payment evictions, there is a waiting period of four years or until the debt is paid, whichever comes first. In the case of fault evictions—where a tenant breaches the lease—the waiting period extends to seven years. A look-back period also applies, which examines eviction records from the past four or seven years relative to the filing date of the petition.
Understanding Sealing vs. Expungement
Sealing an eviction record restricts access to only a limited number of individuals, including the tenant and their legal representative. Access may also be granted by the court for legitimate reasons, such as if the record is needed as evidence in another legal case. Importantly, sealed records cannot be viewed by credit reporting agencies or for commercial use. Should an agency still reference an eviction record 30 days after it has been sealed, Morisi advises contacting the state attorney general for assistance.
It is crucial to note that sealing does not equate to expungement; the eviction will remain on the tenant’s record, albeit in a confidential state. For those interested in sealing their eviction records, resources are available, including the Petition to Seal form, an online guided interview, and detailed information from Mass Legal Help.
As Massachusetts takes steps to enhance housing security through these legislative changes, tenants now have a clearer pathway to overcoming past eviction challenges.
