Sealing an Eviction Record in South Carolina: What Renters Need to Know

If you have an eviction on your record in South Carolina, it can make renting a new home more difficult. Thankfully, there are legal options available to seal, or restrict public access to, certain eviction records under South Carolina law. This guide explains in clear language how you can ask the court to seal your eviction record, what official forms you may need, and what to expect at each stage of the process.

Understanding Eviction Records in South Carolina

When a landlord files for eviction (called an "ejectment" in South Carolina), a court record is created. Even if the case was dismissed, resolved, or ruled in your favor, the record can show up in background checks by landlords and others. Sealing your eviction record means it is not accessible to the general public, giving you a fresh start when applying for new housing.

Who Can Seal an Eviction Record?

Not every eviction can be sealed. South Carolina allows sealing only if the case was dismissed or ruled in your favor. If you lost your eviction case, sealing is generally not available. If you believe your case was wrongly decided, you may need to seek legal advice about other options.

How to Request Sealing of Your Eviction Record

The process involves filing a "Motion and Affidavit to Seal an Eviction Record" in the same court where your eviction case was heard. The motion explains why sealing is appropriate. The court may hold a hearing before making a decision.

Step-by-Step: Filing to Seal an Eviction Record

• Obtain the required form: The primary form is the "SCCA/788 Motion and Affidavit to Seal Eviction Record" (view and download form SCCA/788 from the South Carolina Judicial Department).
• When to use: File this form if your eviction case was dismissed or if the court ruled in your favor. Example: After your landlord withdraws their eviction claim, you can ask the court to seal the record using this form.
• Complete the form: Fill out your case information, explain why sealing is justified, and sign the affidavit.
• File your motion: Submit the form to the Magistrate Court that heard your case. Copies should also be sent to your landlord or their attorney.
• Attend the hearing (if scheduled): Some courts will set a hearing to consider your request. Be prepared to explain your situation.
• Wait for the court’s decision: The judge may grant or deny your request. If approved, your eviction record will be sealed and not available to the general public.

Which Tribunal Handles Eviction Record Sealing?

Evictions and motions to seal eviction records are handled by the South Carolina Magistrate Courts. These courts oversee landlord-tenant disputes statewide. You must file your sealing request with the court where your original eviction was heard.

Relevant South Carolina Landlord-Tenant Law

South Carolina’s main law that governs tenant and landlord rights, including eviction proceedings, is the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40 of the South Carolina Code of Laws). For sealing records, the process is set out by the South Carolina Judicial Department as part of magistrate court procedures¹.

Important Forms for Renters

• SCCA/788 Motion and Affidavit to Seal Eviction Record – Use this to formally request the court to seal your eviction record. Official form here.

You will need this form if your eviction was dismissed or you won your case and want to limit public access to your court record.

After You File: What Happens Next?

Once your motion is filed, the court will review your case. If the judge finds sealing is appropriate, they will issue an order sealing the eviction record. This does not erase it entirely, but it does prevent most landlords or background check companies from seeing your eviction history in public court databases.

FAQ: Sealing Eviction Records in South Carolina

1. Who is eligible to seal an eviction record in South Carolina?
   Generally, you can request sealing only if your eviction case was dismissed or you won the case.
2. Will a sealed eviction show up on background checks?
   In most cases, a sealed eviction will not appear in public background checks run by landlords or agencies.
3. Can I seal an eviction if I lost the case?
   South Carolina courts generally allow sealing only on dismissed cases or where the renter prevailed. If you lost, sealing is typically not available.
4. Do I need a lawyer to file the sealing motion?
   No, you can file the motion yourself. However, legal advice may help if your case is complex.
5. How long does the eviction sealing process take?
   Timelines vary by court, but decisions are often made within several weeks after filing the motion.

Conclusion: What Renters Should Remember

• Renters whose eviction cases were dismissed or decided in their favor can apply to seal their records using official South Carolina forms.
• Sealing a record makes it private but does not erase it; government and court officials may still access it.
• The process is free or low-cost and helps make future renting easier in South Carolina.

Need Help? Resources for Renters

• South Carolina Magistrate Court Locator – Find your local court for filings or questions
• South Carolina Residential Landlord and Tenant Act – Read the tenant protection laws
• SCCA/788 Motion to Seal Eviction Record – Download the necessary form
• South Carolina Legal Services – Free and low-cost legal support for renters

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1. SCCA/788 Motion and Affidavit to Seal Eviction Record, South Carolina Judicial Department, 2024
2. South Carolina Magistrate Courts, official court contact directory
3. South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40, SC Code of Laws

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