Sealing an Eviction Record in Rhode Island: A Step-by-Step Guide

If you’ve faced eviction in Rhode Island, you may worry about how it impacts your ability to rent a home in the future. Sealing your eviction record can help you move forward, making it less likely that prospective landlords will see your past eviction. This guide explains how Rhode Island renters can request to seal an eviction record, what forms to use, and your rights under state law.

Understanding Eviction Records in Rhode Island

When a landlord files for eviction, it becomes a public court record. Even if the case was dismissed or resolved in your favor, the record usually remains on file. This can affect your rental applications, as many landlords run background checks. Fortunately, Rhode Island law allows certain eviction records to be sealed—meaning the public and most private parties cannot access them.

When Can You Seal an Eviction Record?

Not all eviction records are eligible for sealing. In Rhode Island, you may be able to seal your eviction case if:

• The eviction case was dismissed or decided in your favor
• You and your landlord settled the matter and the case was dismissed
• The eviction was for nonpayment during the COVID-19 pandemic and meets special criteria

Certain situations, such as evictions based on criminal activity, may not be eligible for sealing.

How to Request Sealing of Your Eviction Record

The process to seal an eviction record in Rhode Island involves submitting a request to the state court where your eviction was filed. The Petition to Seal (District Court Form) is the main official form used for this process.

Step 1: Obtain the Correct Form

• Form Name: Petition to Seal (District Court)
• When to Use: When you want to request the court to seal your eviction record after a dismissal or a judgment in your favor.
• Official source: Petition to Seal - Rhode Island District Court

Example: If your eviction case was dismissed because you paid the rent or because of an error, you can fill out the Petition to Seal form and submit it to the court that handled your eviction.

Step 2: File the Petition with the District Court

• Make a copy of your completed form for your records.
• File the original with the clerk's office at the Rhode Island District Court where your eviction was heard.
• You may need to pay a filing fee. Fee waivers are available if you cannot afford the fee. Ask the clerk for the Application to Waive Court Fees.

Step 3: Attend the Court Hearing (if required)

• The court may schedule a hearing to review your petition. Attend the hearing and be prepared to explain why sealing is in the interest of justice.
• If no one objects and your case is eligible, the judge may grant your request.

Tip: Keep copies of all court papers and order forms related to your sealed record. You may need to show proof if another party tries to access your record in the future.

What Happens After Sealing Your Record?

If the court approves your petition, the eviction case is sealed and is no longer publicly accessible. Landlords and tenant screening agencies should not be able to see the case when conducting background checks. However, law enforcement and some state agencies may still access sealed records in certain situations.

Relevant Tribunal and Legislation

• Tribunal handling residential evictions: Rhode Island District Court
• State Law: Rhode Island Residential Landlord and Tenant Act (R.I. Gen. Laws § 34-18)

The Rhode Island District Court is the authority overseeing residential tenancy cases, including eviction and sealing procedures. The Rhode Island Residential Landlord and Tenant Act outlines your rights and responsibilities as a renter and provides guidance on court procedures related to eviction records.

FAQs: Sealing Eviction Records in Rhode Island

1. Can any eviction case be sealed in Rhode Island?
   Not all cases can be sealed. Generally, you can only seal eviction records if the case was dismissed or decided in your favor. Evictions for criminal activity or serious lease violations typically cannot be sealed.
2. How long does the sealing process take?
   The court process usually takes several weeks, depending on the court’s schedule. Delays can occur if hearings are required or more documents are needed.
3. Do I need a lawyer to seal my eviction record?
   No, you do not need a lawyer, but legal help can make the process easier. Court forms and instructions are available for self-represented renters.
4. Can future landlords see a sealed eviction?
   No, once an eviction record is sealed, it is not accessible to the public or most tenant screening agencies.
5. Where can I get help filing my petition?
   Resources are available through the Rhode Island District Court clerk's office, and legal aid services such as Rhode Island Legal Services can assist renters with the process.

Key Takeaways

• Rhode Island allows eligible renters to seal eviction records through the District Court.
• You must file a Petition to Seal and may need to attend a court hearing.
• Sealing helps keep your past eviction off future landlord background checks.

If you believe your record qualifies, act quickly and keep all paperwork for your files.

Need Help? Resources for Renters

• Rhode Island District Court – Residential Tenancies: Main tribunal for eviction and sealing proceedings.
• Rhode Island Judiciary: Forms & Instructions: Download sealing petitions and other key forms.
• RIHousing Renter Assistance: Guidance for Rhode Island tenants facing housing challenges.
• Rhode Island Coalition for the Homeless: Advocacy and support for tenants facing eviction risk.
• Rhode Island Legal Services: Free or low-cost legal help for qualified renters.

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1. Rhode Island District Court Official Website
2. Rhode Island Residential Landlord and Tenant Act
3. Rhode Island Judiciary: Forms & Instructions

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