Can I seal my eviction record?

When you can seal your court eviction record depends on:

• the outcome of the case,
• the type of eviction case, and
• whether the appeal period has passed.

If the outcome of your eviction was that the case was dismissed or you won, you can seal your eviction record immediately after the appeal period has passed. This applies to any type of eviction case.

There are different ways that a case can be dismissed:

• A case can be dismissed by the court when a tenant files a Motion to Dismiss or after a trial. For example, if a landlord does not file the case correctly, a case may be dismissed.
• A landlord can decide to voluntarily dismiss the case for different reasons, including that a tenant paid the rent due. The landlord does this by filing a notice of voluntary dismissal or a stipulation of dismissal.
• Parties may agree to dismiss a case after the tenant complied with a court agreement.

See: If my case was dismissed, how can I seal an eviction record?

Winning your case means that there was judgment in your favor. See: If there was a judgment in my favor, how can I seal my eviction record?

The eviction record sealing law has different requirements depending on the type of eviction case. If your case was dismissed or you won, you can seal your record immediately after the appeal period passes. But if there was another outcome (like an agreement), you will need to figure out what type of eviction it was.

For purposes of the eviction record sealing law, there are 4 types of evictions:

1. No-fault eviction: A no-fault eviction is when a landlord is evicting you for reasons other than a lease violation or nonpayment, and there is no rent claimed due on the notice to quit or complaint. This includes if you had a lease and it ended or if a landlord wants the property for business or financial reasons. It is also called a no-cause eviction. See: If my case is a no-fault eviction, how can I seal my eviction?
2. Non-payment eviction: A non-payment eviction is when a landlord claims you owed rent. There are 2 types of non-payment cases for the purpose of eviction sealing:
   1. You paid the amount you agreed or were ordered to pay.
   2. You were not able to pay the amount you agreed or were ordered to pay.
      See: Was my case a non-payment eviction and I paid it? Or Was my case a non-payment and I did not pay it?
3. Fault eviction: A fault eviction is when a landlord claims that you broke the lease or rental agreement by doing something other than not paying rent. It is also called a cause eviction. See: Was my case a fault case?
4. Civil Action under Chapter 139, Section 19: A Chapter 139, Section 19 civil action - also known as a “speedy eviction” - is when a landlord claims that you committed certain crimes in or around the apartment. See: Was my eviction a Chapter 139, 19 eviction?

When you request the court to seal an eviction record, the appeal period must have passed. The appeal period is the window of time when either party can challenge a decision by a judge or a jury by appealing to a higher court. In eviction cases, the appeal period ends 10 days after the judgment has entered. This is the date the judgment is listed on the court’s docket. If a motion is filed after a judgment, then it is usually 10 days from the decision on that motion.

For “speedy evictions” under Chapter 139, Section 19, the appeal period is 30 days from the date of a judgment. If a motion is filed after a judgment, then it is usually 30 days from the decision on that motion.

If you or your landlord appeals the decision in your eviction case, you cannot petition the court to seal your record until the appeal has been resolved. Once the appeal is resolved by a court, you can ask the court to seal your record in the original court.

If you are not sure whether the appeal period has passed, you may want to seek assistance. See: Can I get help to seal my record? 

The court has a “Petition to Seal Eviction” form that you must use. There is no cost to file this petition.

There are 2 ways to complete the Petition:

1. You can use the guided interview on the court’s website to generate a completed petition. You can use a computer or your phone. For many, it may be easier to use the guided interview.
2. You can get a copy of a fillable form on the court’s website. You can either print it out and fill it out by hand. Or you can fill it out on the computer. If you do this you can e-file, mail or hand-deliver the petition to the court.

If you e-file the Petition, you should get 2 emails: 1 saying you have submitted the form and 1 saying it has been accepted.

Make sure you keep a copy of your Petition.

If the eviction case was dismissed or the judge found in your favor, you do not have to give your landlord a copy of the petition. For all other eviction cases, you must give the landlord or their lawyer, if there is one, a copy of the petition when you file it. See: Do I have to notify the landlord from my eviction case that I want to seal my eviction record?

Signing the Petition: When you complete a petition, you must sign it “under the penalties of perjury.” That means everything you say must be true and accurate as far as you know. If you are unsure about your appeal period or the outcome or type of case or have any other questions, there are resources where you can seek help. See: Can I get help to seal my record?

On August 6, 2024, the Governor signed into law The Affordable Homes Act, which included eviction record sealing protections. This is important legislation that for the first time will give tenants in Massachusetts the ability to seal an eviction record. See the actual law here: Massachusetts General Law, Chapter 239, Section 16. 

If you do not already have copies of your eviction papers, you should download them online before the court acts on your petition.

After your record is sealed, you will still have access to your record. See: Can I get access to my record once it is sealed?