South Carolina Eviction Record Sealing — How to Clear It (2026)

✓ Law Verified August 2026

A South Carolina eviction record can block apartment applications for years — often regardless of how the case actually ended. This guide answers the question directly for South Carolina: whether a sealing law exists here, exactly how to use it if it does, and the real alternatives if it does not. Verified against official South Carolina sources as of August 2026.

⚠ Good news: South Carolina HAS an eviction record sealing law — H. 4270 (2025-2026 Session), the eviction record sealing act, adding Section 30-2-60 to the South Carolina Code — signed by Governor Henry McMaster on May 19, 2026, effective January 1, 2027. NOTE: as of today, August 20, 2026, the law is enacted but not yet operative; removals begin January 1, 2027.. A sealed South Carolina eviction record stops showing up on tenant screening reports, which is what actually blocks apartment applications.

How the South Carolina Sealing Law Works

The law H. 4270 (2025-2026 Session), the eviction record sealing act, adding Section 30-2-60 to the South Carolina Code — signed by Governor Henry McMaster on May 19, 2026, effective January 1, 2027. NOTE: as of today, August 20, 2026, the law is enacted but not yet operative; removals begin January 1, 2027.
Who qualifies Two groups of residential eviction cases filed under S.C. Code Section 27-40-10 (Residential Landlord and Tenant Act) or Section 27-37-10 (ejectment): (1) Any case in which an eviction was filed but NO Order of Eviction or Writ of Ejectment was filed within 30 days — this covers cases that were dismissed, dropped, settled, or where the tenant paid or moved before an order issued; (2) All eviction filings and records 7 years after final disposition (or 7 years after filing if no further filing was recorded), including cases that ended in an Order of Eviction or Writ of Ejectment, cases resolved by settlement, and cases resolved by later payment satisfying the judgment debt. There is no requirement that the tenant have won the case for the 7-year removal — losing tenants qualify too. Note: earlier draft versions of the bill used 5 years and 6 years; the enacted version uses 7 years, so do not rely on the shorter numbers reported in 2025 news coverage.
Automatic or petition MOSTLY AUTOMATIC. Records 7 years past final disposition must be removed from the public index automatically by the courts — no tenant motion, form, or hearing is required. For the 30-day category (eviction filed with no Order of Eviction or Writ of Ejectment within 30 days), the statute provides removal either by court order or upon application by the defendant, so a tenant who sees such a case still showing on the public index may be able to apply to the magistrate court that handled the case to have it pulled. The South Carolina Judicial Branch has not yet published a statewide application form or administrative order implementing the January 1, 2027 start date, so check with your magistrate court clerk for local procedure.
Waiting period 30 days after the eviction filing for cases where no Order of Eviction or Writ of Ejectment was entered; 7 years after final disposition (or after filing, if no additional filing was recorded) for all other qualifying eviction records. Neither clock produces any removal before January 1, 2027, the effective date.
Cost 0 for the automatic 7-year removal — the statute imposes no filing fee and requires no tenant action. Any fee charged for a defendant’s application under the 30-day provision is UNVERIFIED; ask the magistrate court clerk before filing.

Step by Step: Sealing Your South Carolina Eviction Record

For the 7-year automatic removal, a tenant files nothing — the record should drop off the public index on its own once it is 7 years old, beginning January 1, 2027. Practical steps for a tenant: (1) look yourself up on the South Carolina Judicial Branch Case Records Search at sccourts.org to confirm what is still showing;

(2) if a case with no Order of Eviction or Writ of Ejectment is still listed more than 30 days after it was filed, contact the clerk of the magistrate court in the county where the case was filed and apply in writing to have the record removed from the public index under Section 30-2-60, attaching the case number and a printout showing no writ or order was issued;

(3) if the court declines or does not act, many tenants contact South Carolina Legal Services (1-888-346-5592) for help; (4) separately, dispute the record with any tenant screening company still reporting it under the FCRA. UNVERIFIED whether a statewide form number will exist — no form had been issued as of August 20, 2026.

What sealing actually does: The record is removed from the public index and from any publicly accessible file available for public record. That is masking of the public-facing court record, not destruction of the case file — the court retains the case, and courts, parties, and attorneys can still access it.

The practical effect for tenants is that tenant screening companies and background check vendors that scrape the public index can no longer pull the case going forward, so it should stop appearing on new rental screening reports. It does not automatically erase reports already sold or already in a screening company’s database — you may still need to send FCRA disputes to get old entries deleted.

It also does not cancel any money judgment you owe; a judgment debt survives removal of the record from the public index. Whether a tenant may lawfully answer “no” to a rental application asking about past evictions after removal is UNVERIFIED — the statute does not contain an express “may deny” clause, so be careful and check with a lawyer.

Why A South Carolina Eviction Record Follows You — and For How Long

An eviction case becomes a public court record the day it is filed — even if you won, even if it was dismissed, even if you moved out voluntarily before the hearing. Tenant screening companies copy these records in bulk and resell them to landlords, which is how a South Carolina eviction record from years ago can quietly sink a rental application today.

Under federal reporting rules these records generally stop appearing on screening reports after seven years, but the public court file itself can remain searchable far longer unless it is sealed.

That is why the filing itself, not just the outcome, is what matters — and why sealing laws are spreading state by state. Most landlords never read the court file; they read the one-line summary a screening company sells them. Getting the South Carolina eviction record sealed, corrected, or accurately described is what changes that one line.

Check Your South Carolina Eviction Record First

Before filing anything, find out what your South Carolina eviction record really looks like to a landlord. Search the online case index for the court where the eviction was filed, and request your file from the major tenant screening companies — you are entitled to it.

Tenants are often surprised in both directions: some discover the case they worry about was never reported, others find a case they had forgotten, or one that is not even theirs.

Knowing exactly what appears, and how it is described, tells you whether to pursue sealing, a dispute, or both.

Screening reports are also where errors live. A dismissed case reported as an eviction, an old address matched to the wrong person, or a paid judgment still shown as owing are all fixable — and fixing the report is sometimes faster than any court process in South Carolina.

Your Federal Rights Against Tenant Screening Companies

Under the federal Fair Credit Reporting Act, a tenant screening company is a consumer reporting agency and you have full FCRA rights against it.

Steps many tenants use: (1) if you were denied housing, charged a higher deposit, or given worse terms because of a screening report, the landlord must give you an adverse action notice naming the screening company — you are then entitled to a FREE copy of that report, and you have 60 days to request it;

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you are also entitled to one free file disclosure every 12 months on request regardless of any denial;

(2) send a written dispute to the screening company identifying each wrong item — for example an eviction that was dismissed, one that was never yours, one filed against a different person with a similar name, a case reported as an eviction judgment when it actually settled or was dropped, or a case older than the FCRA reporting limits;

(3) the company must complete a reinvestigation within 30 days, extended to 45 days if you send extra documents during the 30-day window, and it must forward all your documents to the source of the information; (4) inaccurate or unverifiable information must be deleted or corrected, and the company must send you written results plus a free corrected report within 5 business days of completing the reinvestigation;

(5) if the company keeps the item, you may add a 100-word statement of dispute to your file;

(6) FCRA Section 1681c generally bars reporting civil judgments and most adverse non-conviction items older than 7 years, so an old eviction judgment should be dropping off anyway; (7) also dispute directly with the landlord or the court if the underlying record is wrong;

(8) if the company will not fix a clear error, you may be able to sue in federal court for actual damages, statutory damages of 100 to 1000 for willful violations, plus attorney fees, and you can file a complaint with the Consumer Financial Protection Bureau at consumerfinance.gov and with the South Carolina Department of Consumer Affairs. Send disputes by certified mail and keep copies of everything.

Timing matters more than tenants expect. If you are apartment-hunting right now, start the screening-report disputes today — they run on federal deadlines and cost nothing — while any South Carolina court process moves in parallel. If the move is months away, that is enough time for most sealing petitions, vacated judgments, or corrected reports to finish before a landlord ever pulls your South Carolina eviction record.

Worth watching in South Carolina: Two related bills were also moving in the 126th General Assembly and their status should be checked before relying on them: S. 744 (Eviction Expungement), introduced in the Senate on January 13, 2026, which would let certain evictions be expunged rather than merely removed from the public index, and S. 983 (Evictions).

Neither had been enacted as of August 20, 2026 — H. 4270 is the law that actually passed. No county pilot sealing program in South Carolina was verified.

Practical South Carolina context worth knowing: eviction cases are heard in MAGISTRATE COURT, the landlord starts with an Application for Ejectment, and after service a tenant has 10 days to contact the court and request a hearing — if you miss that 10-day window the landlord can proceed to a Writ of Ejectment by default, which creates exactly the kind of record that then takes 7 years to come off

the public index.

A tenant who lost by default may be able to ask the magistrate to set aside the default judgment; check with your court promptly, because these deadlines are short. Also note the statute removes records from the PUBLIC INDEX — it is a masking law, not a true expungement, so ask about H. 4270 by name when you call a clerk.

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Official South Carolina Sources & Resources

Taking Control of Your South Carolina Eviction Record

A South Carolina eviction record is not a life sentence — it is a document, and documents can be sealed, corrected, or accurately explained. The tenants who struggle longest are usually the ones who never look at what their South Carolina eviction record actually says, so start by pulling the court file and your screening reports.

Whether South Carolina offers sealing or only the federal dispute route, acting on the South Carolina eviction record beats hoping landlords will not check — they almost always do. A short, honest cover letter to a prospective landlord explaining the circumstances can also do real work while the record process runs.

This South Carolina eviction record guide was last verified against official sources in August 2026. Sealing laws are changing fast — new states pass them every year, so re-check before relying on this page.

More South Carolina Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.