HSB 43

This bill relates to sealing court records of residential forcible entry and detainer actions (eviction actions). The bill requires a court to seal the court records of an eviction action not later than three days from the date of the hearing if any of the following have occurred: the defendant is found not guilty, the court finds there is no genuine issue of material fact between the parties, the case is dismissed, or the plaintiff does not appear for the hearing. The bill provides that upon application of a defendant found guilty in an eviction action for nonpayment of rent, the court shall seal the court records if more than five years have passed since disposition, the applicant has not been found guilty in a subsequent eviction action in the five-year period preceding the application, the applicant within the last years has not been granted a sealing of eviction court records, and the applicant has paid all costs. The application to seal shall be included in the sealed court records. The bill provides that upon sealing the court records, all filings, documentation, and writs of association shall be removed from any publicly accessible location. _____ records shall not be available for public inspection except upon request by the defendant or the attorney for the defendant by filing a motion in the sealed case or application to the judicial branch using a form to be prescribed by the supreme court for scholarly, educational, journalistic, or governmental purposes. The bill requires the clerk of court in the county in which an action is originated to maintain a record in the aggregate of all filings and to make such information available to the public in such a manner prescribed by the supreme court as to protect the identity of the parties while still providing the public with information relating to eviction actions in the county. The bill provides that upon sealing a consumer reporting agency shall not disclose the existence of, or information regarding, an eviction action or other civil action sealed or made confidential under the bill or use such action as a factor to determine any score or recommendation to be included in a consumer report regarding any person named in such case. Under the bill, certain provisions do not apply to an application to seal a record for an eviction action by a defendant found guilty when a money judgment has been awarded to the plaintiff.