South Carolina Eviction Record Sealing: Not Allowed, Bills Stalled

By Steve Levine · Updated November 3, 2026

Short answer: South Carolina eviction record sealing is not possible under current law. Neither the ejectment chapter, S.C. Code Title 27, Chapter 37, nor the Residential Landlord and Tenant Act in Chapter 40 contains any sealing or expungement provision. Two Senate bills in the 2025-2026 session, S. 56 and S. 744, would have changed that, but both sat in the Senate Judiciary Committee without a vote.

South Carolina eviction record sealing: key facts

Rule	South Carolina	Statute or source
Eviction sealing or expungement law	None in the ejectment chapter or the landlord-tenant act	S.C. Code §§ 27-37-10 to -320
Time to respond to a Rule to Vacate or Show Cause	10 days after service	§ 27-37-20
No response in 10 days	Magistrate issues a warrant of ejectment	§ 27-37-40
Tenant wins	Tenant stays in possession	§ 27-37-110
S. 56 (Senator Allen)	Would let the judge seal the writ of ejectment	S. 56
S. 744 (Senator Ott)	Would require expungement after 5 years with no new eviction	S. 744
Screening report cutoff	7 years from entry, or the limitations period if longer	15 U.S.C. § 1681c(a)(2)

What the South Carolina code says, and does not say

South Carolina evictions are called ejectments and are usually heard by magistrates. Under § 27-37-20, the landlord applies for a written rule requiring you to vacate or to show cause within 10 days after service. If you do not respond, § 27-37-40 directs the magistrate to issue a warrant of ejectment. If the landlord wins after a hearing, § 27-37-100 requires the writ to issue within five days.

We searched the full text of Chapter 37, including the newer Article 3 procedure for removing unlawful occupants in §§ 27-37-200 to -320, and the full Residential Landlord and Tenant Act in Chapter 40. The only use of the word “sealed” in Chapter 37 refers to a clerk mailing a sealed, stamped envelope. Nothing lets a court seal, mask or expunge an eviction case, and that includes cases you win.

Under § 27-37-110, a tenant who wins simply stays in possession. The case remains a public magistrate court record even though the outcome favored you.

Two different fixes the Senate considered

S. 56: sealing the writ

Senator Allen’s S. 56, prefiled December 11, 2024, would have amended § 27-37-100 to add that “the judge may seal the writ of ejectment such that it does not become a public record negatively affecting the tenant’s credit worthiness.” It was referred to Senate Judiciary on January 14, 2025, and the bill page lists no further action. Even if passed, it would have been discretionary and limited to the writ itself.

S. 744: expungement after five clean years

Senator Ott’s S. 744 took a broader approach. It would have added § 27-37-170, letting a person apply to the magistrate court in the county where they live to expunge a civil eviction file. Expungement “must be granted” if the person had no other evictions in South Carolina for at least five years since the last one, with fees set by the Office of Court Administration. It was introduced January 13, 2026, and remained in Senate Judiciary.

Neither bill is law. If either idea returns in a future session, the rules here could change, so check the Legislature’s site before you rely on this page.

How the record reaches landlords, and your federal rights

Because magistrate court ejectment cases are public, screening companies can include them in tenant reports. The federal Fair Credit Reporting Act is the main limit. Under 15 U.S.C. § 1681c(a)(2), a consumer report may not include civil suits or civil judgments that, from the date of entry, are more than seven years old, unless the governing statute of limitations runs longer. Other adverse items fall off after seven years under § 1681c(a)(5).

The report must also be accurate. A case you won that shows as a judgment for the landlord, or a case belonging to someone with a similar name, can be disputed. Under 15 U.S.C. § 1681i, the company generally has 30 days to reinvestigate and must delete or correct what it finds inaccurate or cannot verify. The CFPB suggests disputing both with the screening company and with the source. See our tenant screening report guide to request your file.

Worked example: a Columbia tenant who won

Andre rents in Columbia. His landlord files for ejectment, and the Rule to Vacate or Show Cause is served on him on April 6, 2026. Under § 27-37-20 he has until April 16 to respond, and on April 9 he calls the magistrate court to request a hearing, as South Carolina Legal Services advises tenants to do. At the hearing he proves he paid on time, and the magistrate rules for him, so under § 27-37-110 he stays in his apartment.

No South Carolina law lets him seal the case. It can lawfully appear on screening reports until April 2033, seven years after entry, but only as a case he won. When a 2027 application report lists it as an eviction, he disputes it with a copy of the order, and the company must correct it within the reinvestigation period.

What to do when sealing is not an option

Respond within 10 days. Missing the § 27-37-20 deadline leads straight to a warrant of ejectment under § 27-37-40, which looks far worse on a report than a contested case.
Raise your defenses in writing. If you believe the case is retaliation, the landlord-tenant act requires written notice of that defense within 10 days after service of the rule under § 27-40-910(f).
Settle with a written dismissal. If you work out a payment plan, ask that the landlord dismiss the case and that you get a copy.
Keep the order. A certified copy of a dismissal or a judgment in your favor is your best tool for explaining the record later.

Read more in our guide on sealing eviction records, the eviction process by state guides, and South Carolina security deposit law.

Frequently Asked Questions

Can I expunge an eviction in South Carolina?

Not under current law. S. 744 would have created a five-year expungement in a new § 27-37-170, but it stayed in the Senate Judiciary Committee and was never enacted.

Does winning my ejectment hearing remove the case from the record?

No. Section 27-37-110 lets you stay in possession, but no statute removes or seals the case. Make sure screening companies report it as a win, and dispute it if they do not.

Can a magistrate seal my writ of ejectment?

No statute gives magistrates that power for eviction records. S. 56 would have let a judge seal the writ, but it never got a committee vote after its January 2025 referral.

Is a writ of ejectment the same as a judgment on my report?

A writ is the order that lets the sheriff or constable remove you after the landlord wins, and § 27-37-100 says it issues within five days of a verdict for the landlord. A screening report should show the actual outcome, so check that the dates and result match the court file.

Your next step is to get a copy of your case file from the magistrate court and request your screening report so you can check the two against each other. This guide is general information, not legal advice; for help with a hearing or a dispute, find a legal aid office through LSC’s legal help page. You can compare states on our eviction record sealing by state hub.

Sources

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