Sealing an Eviction Record in Massachusetts: A Renter’s Guide

If you’ve experienced an eviction in Massachusetts, you might be concerned about how it affects your ability to rent in the future. Fortunately, you may be able to seal your eviction record, keeping it private from most landlords and background checks. This guide explains the process in Massachusetts, the forms you'll need, and resources to help you navigate the system with confidence.

What Does Sealing an Eviction Record Mean?

When an eviction record is sealed, it’s hidden from the public. This means most landlords and tenant screening companies cannot access the details of your court case. Sealing can make it easier to rent again after an eviction.

Which Tribunal Handles Eviction Records in Massachusetts?

Eviction ("Summary Process") cases in Massachusetts are handled by the Massachusetts Trial Court, specifically the Housing Court Department. Tenants file motions relating to eviction cases at these courts. The relevant tenancy legislation is called the Massachusetts General Laws Chapter 239 (Summary Process for Possession of Land).

Can You Seal an Eviction Record in Massachusetts?

Yes. In most cases, tenants can file a specific motion in court to ask for their eviction records to be sealed. Common reasons for sealing include:

• The case was dismissed
• The tenant won the case
• The filing was based on retaliation or discrimination
• Hardship or other good reasons

However, the decision to seal a record is up to the judge, who considers "good cause."

Official Forms: Motion to Seal Court Records

To seal your eviction (summary process) record, you must file a formal request with the Housing Court. The main form is:

• Motion to Seal Court Records (No standard statewide form number, but a template is available via Massachusetts Housing Court)
  Example: After your eviction case is dismissed, you fill out a "Motion to Seal Court Records" and file it in the same court where your case was heard. You must explain your reasons (such as winning your case or demonstrating hardship).

Some Housing Court locations may also ask for an additional Motion Cover Sheet.

How to File a Motion to Seal

• Complete the Motion to Seal and (if needed) Motion Cover Sheet
• File the documents at the court where your eviction was heard
• Serve a copy to your former landlord (the "plaintiff")
• Wait for the court to schedule a hearing
• Attend the hearing and explain your situation

The judge will decide whether or not to grant your motion based on your arguments and any objections from your former landlord.

Step-by-Step Guide: Sealing Your Eviction Record in Massachusetts

Here’s what to expect and the typical steps involved:

• Gather Documentation: Collect your eviction court case materials and any proof supporting your reasons (e.g., proof of dismissal, evidence of discrimination, etc.).
• Fill Out the Motion to Seal: Download the Motion to Seal template. Clearly state your reasons and include supporting evidence.
• File With the Same Court: Submit your motion at the court where your eviction case was handled. If your case was in Housing Court, file there; if it was in District Court, file there.
• Serve the Landlord: Legally notify your previous landlord (plaintiff) by sending them a copy of the motion following court procedures.
• Attend the Hearing: The court may set a hearing date. Be prepared to explain why you believe sealing your record is in the interest of justice or necessary for hardship relief.
• Get the Court Decision: The judge will decide at or after the hearing. If approved, your eviction record will be sealed from public view.

FAQ: Sealing Eviction Records in Massachusetts

1. Can I seal an eviction if I lost my case?
   In some situations, yes. The judge decides based on your explanation, especially if there is evidence of hardship, discrimination, or other special circumstances.
2. Does sealing remove my record from all databases?
   No. Sealing restricts access from public searches and most landlord background checks, but official agencies may still view sealed records under certain circumstances.
3. Is there a fee for filing a motion to seal an eviction record?
   Most courts do not charge a filing fee for this type of motion, but check with your local court for any specific requirements.
4. How long does it take for an eviction record to be sealed?
   It may take several weeks, depending on court schedules, after you submit your motion and attend your hearing.
5. Can I get legal help if I have trouble with the forms?
   Yes. Free legal aid options and local court self-help centers are available (see resources below).

Conclusion: Key Takeaways

• Sealing your eviction record in Massachusetts can give you a fresh chance at renting.
• You must file a Motion to Seal in the same court where your case was heard, and attend a hearing.
• Include clear reasons and supporting evidence to improve your chances of success.

If you need help, contact your local Housing Court or a legal aid organization for renter support.

Need Help? Resources for Renters

• Massachusetts Housing Court: Find court locations, filing procedures, and self-help resources.
• Massachusetts Legal Aid Services Finder: Locate free and low-cost legal help in your area.
• Office of Consumer Affairs & Business Regulation: For tenant/landlord rights and mediation information.
• Massachusetts Executive Office of Housing and Livable Communities: Housing program support for renters.

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1. Massachusetts Housing Court
2. Massachusetts General Laws Chapter 239 - Summary Process
3. Official Template: Motion to Seal Court Records
4. Official Motion Cover Sheet PDF

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