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Bill Summary · HB 267

HB 267 — Expunging Certain Eviction Records (North Carolina, 2025)

Status: Passed 1st Reading
Introduced: March 3, 2025 (filed)
Effective date: Section 1 effective October 1, 2025; other provisions effective upon enactment.
Statutory location: Adds new G.S. § 42‑36.4 to Article 3, Chapter 42 (summary ejectment/evictions)

Purpose

To remove eviction court records from public court files in defined circumstances—either automatically or upon a simple petition—to reduce the long‑term consequences of eviction filings on renters’ housing opportunities.

Key provisions

  • Automatic expungement (clerk duty):
    • The clerk of superior court must, without further petition or hearing, order expungement of all court records made in a summary ejectment proceeding 30 days after resolution when the case was resolved by either:
    • Voluntary dismissal before a magistrate’s entry of an order for possession; or
    • Voluntary dismissal before a district court order for possession (including cases withdrawn from small claims or moved to district court for trial de novo).
  • Expungement when defendant prevails on merits:
    • The clerk will not automatically expunge records when judgment is entered for the defendant on the merits; however, the defendant may file a petition and the clerk shall, without a hearing, enter an expungement order under the process in subsection (c).
  • Retroactive/older cases (commenced before Oct. 1, 2025):
    • Defendants in pre‑Oct‑1‑2025 summary ejectment cases may petition for expungement if the case was dismissed as described above or if judgment was entered for the defendant (and appeals are resolved).
  • Evictions decided for the plaintiff (judgment for landlord):
    • A defendant may petition for expungement after all appeals are resolved and a three‑year waiting period from the judgment date, provided the court finds the petitioner has “stabilized” housing. The court may consider:
    • Proof of consistent, timely rent or mortgage payments during the 3‑year period; and
    • An affidavit that the petitioner was not named as a defendant in any additional summary ejectment or foreclosure during that period.
  • Administrative forms and timing:
    • The Administrative Office of the Courts (AOC) must develop petition forms; the AOC must make the forms available by September 30, 2025. Forms must require at minimum: date of dismissal/judgment, property address, and plaintiff’s name.
  • Procedure:
    • All specified expungement orders are to be entered “without a hearing.”

Who is affected

  • Tenants/defendants in North Carolina summary ejectment (eviction) proceedings — reduces or removes public court records in many resolved eviction cases.
  • Landlords and plaintiffs in eviction actions — loss of court-filed eviction information after expungement in qualifying cases.
  • Clerks of superior court and AOC — new administrative duties to enter expungement orders and provide forms.
  • Tenant-screening services, background checks, and housing providers — may no longer find certain eviction court records after expungement orders are entered.

Timeline / Procedural notes

  • For new summary ejectment actions resolved by voluntary dismissal as specified, clerks must expunge records 30 days after resolution (automatic).
  • For plaintiff‑favoring judgments, defendants must wait 3 years after judgment and demonstrate housing stability before petitioning.
  • AOC must publish required petition forms by Sept 30, 2025.
  • Main expungement provisions take effect Oct 1, 2025.

Expected impacts

  • Direct: reduces persistence of eviction records in court files for dismissed cases and, under conditions, for judgments against tenants — likely to improve housing access for affected tenants.
  • Administrative: modest additional work for clerks to enter expungement orders and for AOC to create and distribute forms.

Compiled from official sources — confirm details with the bill’s official record.

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