Bill Summaries: H267 (2025-2026 Session)

Tracking:
  • Summary date: Mar 3 2025 - View summary

    Enacts new GS 42-36.4, providing as follows. Requires the clerk of superior court, without further petition or hearing, to enter an order requiring the expunction of all court records made in summary ejectment proceedings 30 days after the resolution of the proceedings if the proceedings are resolved in one of the following ways: (1) the proceedings are voluntarily dismissed before a magistrate's entry of an order for possession or (2) the proceedings are voluntarily dismissed prior to the district court's entry of an order of possession, provided that the proceedings have been withdrawn from small claims court and brought before the district court, or the proceedings have been moved to district court pursuant to an appeal for a trial de novo. When judgment is entered in favor of the defendant on the merits of the initial action, expunction is not automatic but the defendant may file a petition, and the clerk of superior court must, without a hearing, enter an order requiring all court records made in the summary ejectment proceedings to be expunged from the court files.

    Allows, for summary ejectment proceedings commenced before October 1, 2025, the defendant to file a petition in the court where the underlying summary ejectment action was filed requesting all court records made in the summary ejectment proceedings be expunged from the court's files if the action was resolved in one of the following ways: (1) the proceedings are voluntarily dismissed before a magistrate's entry of an order for possession; (2) the proceedings are voluntarily dismissed before the district court's entry of an order of possession, provided that the proceedings have been withdrawn from small claims court and brought before the district court, or the proceedings have been moved to district court pursuant to an appeal for a trial de novo; or (3) judgment is entered in favor of the defendant on the merits of the initial action, all applicable appeals periods have passed, and all applicable appeals have been resolved. Requires, upon finding that a summary ejectment action was resolved in one of these three ways, that the the court, without a hearing, enter an order requiring the expungement of the court records related to the summary ejectment action.

    Allows the defendant, for summary ejectment actions in which judgment is entered in favor of the plaintiff on the initial merits of the action, after (1) all applicable appeals periods have passed, (2) all applicable appeals have been resolved, and (3) the passing of a three-year waiting period beginning on the date of entry of the judgment on the initial merits of the action, to file a petition in the court in which the underlying summary ejectment action was filed requesting all court records made in the summary ejectment proceedings be expunged from the court's files. Requires the court, upon finding that the petitioner has stabilized his or her housing, to without a hearing, enter an order requiring all court records made in the summary ejectment proceedings to be expunged. Sets out the issues that the court may consider in determining if the petitioner has stabilized his or her housing.

    Requires the Administrative Office of the Courts (AOC) to develop forms for the petitions required by this statute and sets out information that must be provided on the forms. 

    Effective October 1, 2025.

    Requires AOC to develop the petition forms and make them available by September 30, 2025.