How North Carolina Renters Can Seal an Eviction Record

If you’re a renter in North Carolina facing the long-term impact of an eviction, you may worry about how it affects your future housing opportunities. Many renters want to know if it’s possible to seal an eviction record—removing it from public view so it won’t harm rental applications. This article explains the current options, eligibility requirements, and steps involved in sealing an eviction record in North Carolina, citing all official sources and legislation.

Understanding Eviction Records in North Carolina

When a landlord files an eviction (known as a “summary ejectment”) in North Carolina, the court record typically becomes a matter of public record—even if the case is dismissed or decided in your favor. This can appear in background or tenant screening checks, creating challenges for years to come.

Can You Seal an Eviction Record in North Carolina?

Currently, North Carolina does not have a general, automatic process allowing renters to seal eviction records in most cases. However, there are limited situations where a court may grant an expunction (expungement) for certain civil actions, including some landlord-tenant matters, under North Carolina General Statutes Chapter 15A: Criminal Procedure – Expunctions ^[1]. These tend to apply only in cases of mistaken identity, cases resulting in dismissal, or other rare circumstances.

How to Seek Expunction or Sealing of an Eviction Case

The main avenue for renters is to formally request the court to expunge (remove) a summary ejectment case from the court record if you can demonstrate eligibility under state law. Here’s how to begin:

• Check if your case qualifies: If the eviction case was dismissed, or you were wrongfully listed, you may be able to request expunction.
• Gather court case information: Obtain your case file number from the county Clerk of Superior Court.
• Prepare the required forms: Expunction requests use specific forms from the North Carolina Judicial Branch.

Key Official Form: Petition and Order of Expunction Under G.S. 1-221

• Form Name: AOC-CV-224: Petition and Order of Expunction (G.S. 1-221)
• When it’s used: If a party was named in a civil action solely because of mistaken identity, they may file this form to request their name and the record be expunged.
• Example: If you were wrongly named as a defendant in an eviction, you can request the court redact your information and seal the record.
• Source: North Carolina Judicial Branch Forms

Where and How to File

• File the expunction petition with the Clerk of Superior Court in the county where your eviction was held.
• The judge will review your circumstances and decide whether the law allows for expunction.
• No fee is typically charged if the request is based on mistaken identity.

Tribunal Responsible: In North Carolina, the Clerk of Superior Court in each county processes eviction records and expunction filings.

Other Strategies: Challenging Incorrect Eviction Records

Even if you are not eligible for expungement, you have the right to:

• Dispute errors on tenant screening reports with tenant screening companies. The Fair Credit Reporting Act gives you a right to demand corrections.
• Provide evidence of case outcome to future landlords (e.g., a copy of an order showing dismissal).

Relevant Tenancy Legislation

Eviction procedures and rights in North Carolina are governed by the North Carolina General Statutes Chapter 42 – Landlord and Tenant ^[2].

FAQs: Sealing North Carolina Eviction Records

1. Can I seal or expunge an eviction case in North Carolina?
   Most eviction cases are public, but you may petition the court for expunction in cases involving mistaken identity or certain dismissals.
2. What form should I use to request expunction?
   The key form is AOC-CV-224: Petition and Order of Expunction for appeals under G.S. 1-221.
3. How long does an eviction stay on my public record?
   Eviction records remain accessible unless sealed or expunged by a judge. There is no automatic removal period in North Carolina.
4. Who can I contact for help with expungement or tenant issues?
   You can reach out to local legal aid and the Clerk of Superior Court for forms and guidance.

Conclusion: Key Takeaways for Renters

• There is no broad right to seal eviction records in North Carolina, but mistaken identity or clerical error may be grounds for expunction.
• Use AOC-CV-224 if you believe you qualify; file with the county Clerk of Superior Court.
• Always check your screening reports and provide documentation to challenge incorrect records.

Sealing eviction records in North Carolina is only possible in rare cases—understanding the process gives you more control over your rental history.

Need Help? Resources for Renters

• North Carolina Judicial Branch – Official site for court searches, forms, and local court contacts
• North Carolina General Statutes – Complete landlord-tenant and expunction laws
• Legal Aid of North Carolina – Free tenant legal help and eviction defense services
• Consumer Financial Protection Bureau (CFPB) – How to dispute tenant screening errors

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1. See NCGS Chapter 15A: Expunctions for civil record expunction law.
2. See NCGS Chapter 42: Landlord and Tenant for North Carolina eviction procedures and tenant rights.

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