SECTION 1. Section 34-18-60 of the General Laws in Chapter 34-18 entitled "Residential Landlord and Tenant Act" is hereby amended to read as follows: 34-18-60. Sealing and unsealing of court files.
(a) Actions arising under §§ 34-18-35, 34-18-36, and 34-18-38 may be sealed by the court upon motion by any party or parties filed at least thirty (30) days after the expiration of the appeal period following the conclusion of the underlying civil action.
(b) In ruling on the motion to seal, the court shall grant the motion and seal the record of the civil action upon a finding that the underlying civil action was dismissed as a result of a motion to dismiss, the action was resolved by stipulation and the terms of the stipulation have been satisfied by the parties, any monetary judgment against the moving party has been satisfied in full, or the action has been dismissed for lack of prosecution after a five-year (5) period. The court shall also make a finding that the moving party notified all parties to the underlying civil action of their motion to seal the record and that motion is the only request made under this section by the moving party within the previous five (5) years.
(c) Any party to an action arising under §§ 34-18-35, 34-18-36, and 34-18-38 may file a motion to seal the record of the action upon satisfaction of the requirements set forth in subsections
(a) and (b) of this section. Parties requesting seal of their record under this section are limited to one request every five (5) years.
(d) In ruling on a motion to seal when a civil action is dismissed for either a defective complaint and/or lack of jurisdiction of the court, the court shall grant the motion and seal the record, however, the sealing of an eviction record under this subsection shall not be counted when considering a moving party’s eligibility to request the sealing of one eviction record in five (5) years as set forth in this section.
(e) The court shall seal the record, following the expiration of any appeal period, when a tenant prevails following a hearing or trial before the court, however, the sealing of an eviction record under this subsection shall not be counted when considering a moving party’s eligibility to request the sealing of one eviction record in five (5) years as set forth in this section. (f)(1) Upon motion of a person who was between eighteen (18) and twenty-one (21) years of age at the time an eviction action was commenced, the court may order the sealing of that person's association with the eviction record if the court finds by a preponderance of the evidence that:
(i) The person was not a party to any lease, rental agreement, or other contractual obligation for payment of rent;
(ii) The person was not financially responsible for rent, occupancy charges, or other obligations arising from the tenancy; and
(iii) The person was named in the eviction action solely because the person resided at the premises and applicable law required all adult occupants to be named in the proceeding.
(2) For purposes of this subsection, "dependent" means an individual who was principally supported by a parent, guardian, or other tenant of record and who did not assume financial responsibility for the tenancy.
(3) An order entered pursuant to this subsection shall seal only the eligible individual's association with the eviction action and shall not seal, expunge, or otherwise restrict public access to the underlying court file, docket, judgment, or orders.
(4) Nothing in this subsection shall impair, limit, delay, or otherwise affect the validity, collection, execution, recording, or enforcement of any judgment entered in the action.
(5) No order shall issue under this subsection unless the judiciary has established a mechanism capable of sealing only the eligible individual's association with the eviction action without sealing the underlying case record.
SECTION 2. This act shall take effect upon passage.