When Does an Eviction Go on Your Record and Who Sees It?
Learn how eviction records are created, who can access them, and how they may affect future housing opportunities.
An eviction can create long-term obstacles beyond the immediate loss of housing, potentially affecting a person’s ability to rent again or impacting their financial standing for years. Understanding how and when an eviction becomes part of a public or private record is crucial.
Court Filing and Public Record Entry
The formal eviction process begins when a landlord files a lawsuit against a tenant, often called an “unlawful detainer” action. This filing creates an official court case. In most jurisdictions, court files are public records, accessible to anyone unless specifically sealed by a judge or law.
From the moment the lawsuit is filed, a record of the eviction attempt exists within the court system. This record persists even if the case is later dismissed, settled, or won by the tenant. Interested parties, including potential landlords or background screening companies, can often search court records online or at the courthouse and find this filing. The initiation of the lawsuit itself generates a public record.
Final Judgment and Official Record Update
The record becomes more definitive when the court issues a final judgment, which is the official decision resolving the lawsuit. This typically follows a hearing or trial, or occurs by default if the tenant does not respond. The judgment states whether the landlord legally regains possession of the property and may detail any money owed by the tenant for unpaid rent, damages, or court costs.
This signed judgment becomes a permanent part of the public court case file, documenting the outcome – whether the landlord won, the tenant won, or the case was dismissed, along with any monetary awards. This updated record provides specific details about the resolution and remains publicly accessible unless sealed or expunged.
Reporting to Credit Agencies
The eviction lawsuit itself, including the court filing and judgment, generally does not appear on standard credit reports from major bureaus like Experian, Equifax, and TransUnion.1Equifax. How Does an Eviction Affect Your Credit Scores? These agencies largely stopped reporting civil judgment information years ago due to data accuracy concerns.
However, an eviction can indirectly affect credit history through associated debt. If the eviction involved unpaid rent or damages exceeding normal wear and tear, the landlord might turn that debt over to a third-party collection agency. These agencies frequently report the debts they are trying to collect to the credit bureaus.
A collection account listed on a credit report is a negative item that can significantly lower credit scores. Under the federal Fair Credit Reporting Act (FCRA), collection accounts typically remain on a credit report for up to seven years from the date the original debt first became delinquent.2National Consumer Law Center. Salt in the Wound: How Eviction Records and Back Rent Haunt Tenant Screening Reports and Credit Scores This signals to future creditors or landlords that a previous debt went unpaid.
Tenant Screening Databases
Beyond court records and credit reports, eviction information often appears in specialized tenant screening databases. Private companies operate these databases, gathering rental history information specifically for landlords evaluating applicants.
These screening companies actively collect data from public court records, searching for eviction lawsuit filings and final judgments. They compile details about case outcomes and monetary awards from courts nationwide. These companies are distinct from the major credit bureaus, although their reports might sometimes include a standard credit check. Landlords use these services specifically for the detailed rental history they provide.
Tenant screening companies are considered “consumer reporting agencies” under the FCRA because they compile and sell reports used for housing eligibility decisions.3Federal Trade Commission. What Tenant Background Screening Companies Need to Know About the Fair Credit Reporting Act The FCRA requires them to use reasonable procedures to ensure the accuracy of their reports. Information about an eviction, sourced from court records, can generally be reported by these databases for up to seven years.4Shelterforce. Tenant Screening Companies Profit from Eviction Records An eviction record in one of these databases can be a major obstacle to finding future housing.
Under the FCRA, tenants have the right to request a copy of their screening report and dispute inaccurate information. If a landlord denies an application based on a screening report, they must provide the applicant with an “adverse action” notice, identifying the screening company and informing the tenant of their right to a free report copy and to dispute errors.5Federal Trade Commission. Using Consumer Reports: What Landlords Need to Know
Potential Removal or Sealing Laws
While eviction filings and judgments create lasting public records, many jurisdictions offer legal ways to remove or restrict public access to them, often called “sealing.” Sealing removes the record from general public view, meaning it should not appear in standard court database searches conducted by landlords or the public.6National Low Income Housing Coalition. Eviction Record Sealing and Expungement Toolkit
The availability and process for sealing eviction records vary significantly by state and local law. Sealing is often possible when the case outcome favored the tenant, such as when the case was dismissed, the tenant won, or the case was settled. Some laws specifically outline the conditions required for sealing.7Network for Public Health Law. Fact Sheet: Limiting Public Access to Eviction Records
Sealing usually requires the tenant to file a formal request or motion with the court that handled the eviction. The tenant must typically show they meet the legal criteria, which might involve proving a specific case outcome or demonstrating that their privacy interest outweighs public access. Some laws mandate automatic sealing under certain conditions, such as after a set period following a dismissal or a judgment favoring the tenant, without requiring a tenant request.
A sealed record still exists but is hidden from public searches. While certain government or law enforcement agencies might still access sealed records under specific circumstances, it should prevent the eviction from appearing in most background checks performed by private landlords. Successfully sealing an eviction record can substantially improve a tenant’s prospects for securing future housing.
