How long does an eviction record stay on your background check if you don't seal it?

Without sealing, an eviction record typically remains on tenant screening reports for 7 years under the Fair Credit Reporting Act (FCRA). However, the court record itself is permanent and remains publicly accessible indefinitely. This means landlords who manually search court records can find your eviction even after the 7-year reporting window expires. Sealing or expungement is the only way to fully remove an eviction record from public access.

Can I seal an eviction record if I lost the case and owe money to the landlord?

It depends on your state. In California and Minnesota, you can seal an eviction record even if you lost the case, as long as you meet the waiting period (typically 3-7 years). In New York and Illinois, you generally must pay the full judgment amount before becoming eligible to seal. Some states allow you to enter a payment plan and file for sealing once the plan is complete. Consult a legal aid attorney in your state to understand the specific requirements.

Will sealing an eviction record also remove it from my credit report?

No — sealing an eviction court record does not automatically remove related entries from your credit report. If the eviction resulted in a collections account, civil judgment, or money judgment on your credit file, you must separately dispute those entries with the three major credit bureaus (Equifax, Experian, TransUnion). Under the FCRA, you can dispute sealed or expunged court records, and the bureaus must remove them within 30 days if the underlying court record has been sealed.

Can a landlord still find out about a sealed eviction through a previous landlord reference?

Yes, sealing only restricts the court record and tenant screening databases. Your former landlord can still verbally disclose the eviction to a new landlord who calls for a reference. To minimize this risk, provide alternative references from other landlords, employers, or colleagues who can vouch for your reliability. Over time, positive rental history will outweigh the impact of a verbal reference about a sealed eviction.

How much does it cost to file a motion to seal an eviction record?

Filing fees for eviction record sealing range from $50 to $300 depending on your state and county. Additional costs may include certified mail ($7-$15), document copies ($1-$5 per page), and process server fees ($30-$100) if formal service is required. If you cannot afford the filing fee, you can file a fee waiver application (in forma pauperis) — most courts grant waivers for individuals at or below 125% of the federal poverty level.

What happens if a tenant screening company reports a sealed eviction record?

Under the Fair Credit Reporting Act (FCRA), it is illegal for tenant screening companies to report sealed or expunged eviction records. If a sealed eviction appears on your screening report, you have the right to dispute it directly with the screening company. They must investigate within 30 days and remove the entry. If they fail to remove it, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) and potentially sue for actual damages, statutory damages up to $1,000, and attorney fees.

Are eviction records automatically sealed after a certain number of years?

In most states, eviction records are not automatically sealed. You must actively file a motion with the court to request sealing. However, a growing number of states including California, Colorado, and New Jersey have passed or are considering 'clean slate' legislation that would automate the sealing of eligible eviction records after a set period. Washington state's 2025 expansion of its Eviction Record Sealing Act includes partial automation for cases meeting certain criteria. Check your state's current laws or consult a legal aid attorney to see if automatic sealing applies to your case.

Eviction Record Sealing and Expungement: Complete 2026 Guide

Quick Answer: Can You Seal or Expunge an Eviction Record?

Yes — in many states, you can seal or expunge an eviction record so it no longer appears on tenant screening reports. The process typically involves filing a motion with the court where the eviction was filed, meeting eligibility requirements (usually 3-7 years having passed, with no additional evictions), and paying a filing fee of $50-$300. Once sealed, the eviction won't show up on background checks run by landlords or tenant screening companies.

Key Takeaways

Eviction records are public and can appear on tenant screening reports for 7+ years, significantly reducing your chances of rental approval
Over 15 states allow some form of eviction record sealing or expungement in 2026, including California, New York, Illinois, Texas, and Washington
Typical eligibility requires 3-7 years to have passed since the eviction judgment, with no subsequent evictions or serious criminal convictions
Filing fees range from $50 to $300, but many legal aid organizations provide free assistance with eviction record sealing
A sealed eviction is hidden from public view and most background checks, while an expunged eviction is completely destroyed as if it never happened
Even if your state doesn't allow sealing, you can still improve rental chances with reference letters, proof of income, and working with smaller landlords

What Is an Eviction Record and Why It Matters

An eviction record is the official court record created when a landlord files an unlawful detainer lawsuit to remove a tenant from a rental property. Even if the case is dismissed, settled, or ruled in your favor, the court filing itself becomes part of the public record — and that record can haunt you for years.

When you apply for a new apartment, landlords typically run a tenant background check through services like TransUnion SmartMove, Experian RentBureau, or CoreLogic SafeRent. These screening companies scrape public court records and compile eviction reports. A single eviction on your record can cause automatic denial — many large property management companies have blanket policies rejecting any applicant with a prior eviction, regardless of the circumstances.

The consequences are severe. A 2023 study by the Eviction Lab at Princeton University found that tenants with an eviction record are 20 percentage points less likely to be approved for a new lease compared to identical applicants without one. This forces many renters into substandard housing, predatory rental arrangements, or homelessness — a cascade that makes it even harder to recover financially.

Understanding how eviction records work — and more importantly, how to seal or remove them — is essential for anyone who has been through the eviction process and is trying to rebuild their rental history. If you’re currently struggling with housing costs that could lead to eviction, read our guide on rental assistance and emergency rent help to explore options that can keep you housed.

Eviction Record Sealing vs. Expungement: Key Differences

The terms “sealing” and “expungement” are often used interchangeably, but they have distinct legal meanings that affect what happens to your eviction record.

What Is Eviction Record Sealing?

Sealing an eviction record means the court file is closed to the general public. The record still exists in the court system, but it cannot be accessed without a court order. Most importantly, sealed records do not appear on standard background checks run by tenant screening companies, employers, or the general public.

Key characteristics of a sealed eviction record:

The court file is physically or digitally restricted
Tenant screening companies cannot report the eviction
The record can still be accessed by law enforcement or with a court order
In some states, you must disclose the sealed eviction in certain legal proceedings

What Is Eviction Record Expungement?

Expungement (also called expunction in some states) goes further — it completely destroys or returns the court record. An expunged eviction is treated as though it never happened. You can legally answer “no” if asked whether you’ve ever been evicted.

Key characteristics of an expunged eviction record:

The court record is physically destroyed or returned to you
All references to the case are removed from court databases
You can legally deny the eviction ever occurred
Tenant screening companies have no record to report

Which Is Better?

Expungement is more thorough, but it’s also harder to obtain. Most states that offer record relief for evictions provide sealing rather than expungement. Only a handful of states — including California, Illinois, and Minnesota — offer true expungement for certain eviction cases. Sealing, while slightly less complete, is sufficient for most renters because it effectively hides the eviction from landlords and screening companies.

Which States Allow Eviction Record Sealing in 2026

Eviction record sealing laws vary dramatically by state. As of 2026, here’s where things stand across the country:

States With Strong Eviction Record Sealing Laws

California: Under the CA Tenant Protection Act (AB 2819, expanded in 2025), tenants can petition to seal eviction records if the case was dismissed, the tenant won, or the eviction was filed in retaliation. Cases involving domestic violence, sexual assault, or stalking are automatically sealable. Filing fee: $90-$240.
New York: New York’s Housing Stability and Tenant Protection Act allows sealing of eviction records when the case is dismissed, resolved in the tenant’s favor, or when the tenant has paid the full amount owed. Sealed records are removed from the court’s online database. Filing fee: $45-$210.
Illinois: The Mobile Home Landlord and Tenant Rights Act and the Cook County Eviction Record Sealing program allow tenants to seal eviction records 7 years after the case concludes (or immediately if the tenant won). Filing fee: $60-$200.
Texas: Under Texas Rule of Civil Procedure 510, eviction records can be sealed if the tenant wins the case or the landlord nonsuits (drops) the case within 7 days of the trial. Cases resolved through agreed orders can also be sealed with both parties’ consent. Filing fee: $50-$150.
Washington: Washington’s Eviction Record Sealing Act (SB 5567, expanded in 2025) allows sealing of eviction records 3 years after the case concludes, provided the tenant has no new evictions. Evictions during the COVID-19 emergency period have a lower threshold. Filing fee: $60-$200.
Minnesota: Minnesota allows expungement of eviction records (not just sealing) when the case is dismissed, the tenant wins, or justice requires it. The standard waiting period is 2 years. Filing fee: $75-$280.
Oregon: Oregon’s eviction sealing law (SB 283) allows tenants to seal eviction records after 5 years if no subsequent evictions occurred. Filing fee: $80-$200.
Colorado: Colorado allows sealing of eviction records when the case is dismissed or the tenant prevails. Evictions resulting from a landlord’s failure to maintain the property can also be sealed. Filing fee: $60-$200.

States With Limited or No Eviction Sealing

Many states still do not have comprehensive eviction record sealing laws. In these states — including Florida, Georgia, Virginia, Tennessee, and Arizona — eviction records generally remain public unless the case was sealed for a specific legal reason (such as the tenant being a victim of domestic violence).

However, even in states without dedicated eviction sealing statutes, you may be able to:

File a general motion to seal court records based on privacy interests
Argue that the eviction was filed in violation of fair housing laws
Work with an attorney to find case-specific grounds for sealing

If your state doesn’t offer eviction sealing, skip to the alternatives section below for strategies that can still help.

Eligibility Requirements for Sealing an Eviction Record

Eligibility for eviction record sealing depends on your state, the outcome of your case, and how much time has passed. Here are the most common requirements:

1. Waiting Period

Most states require a specific amount of time to pass before you can file to seal an eviction record:

Immediate eligibility: Case dismissed, tenant won, or landlord nonsuited (TX, NY, CA)
2-year waiting period: MN, CO (for certain cases)
3-year waiting period: WA, NV
5-year waiting period: OR, MA
7-year waiting period: IL, MI, OH

2. Case Outcome

The outcome of your eviction case strongly affects eligibility:

Tenant prevailed: Almost always eligible for sealing or expungement
Case dismissed: Almost always eligible
Landlord won: May be eligible after the waiting period, especially if you’ve paid all amounts owed
Default judgment: Hardest to seal — you’ll typically need to show good cause for missing court and meet the full waiting period

3. Subsequent Evictions

Most states require that you have no additional eviction filings during the waiting period. A second or third eviction will reset the clock or make you ineligible.

4. Payment of Judgment

If you lost the eviction case and owe a money judgment, some states (like New York and Illinois) require that you pay the full amount before you can seal the record. Others, like California, allow sealing even if the judgment remains unpaid.

5. Type of Eviction

Some states distinguish between types of evictions. For example:

No-fault evictions (landlord selling the property, moving in) are generally easier to seal
Non-payment evictions may require proof that the debt has been satisfied
Nuisance or lease violation evictions may have stricter eligibility requirements

Step-by-Step Process to Seal Your Eviction Record

If you believe you’re eligible, here’s how to navigate the sealing process:

Step 1: Obtain Your Court Records

Before filing anything, get copies of your eviction court records. Visit the clerk’s office at the court where your case was filed and request the complete case file. You’ll need:

The case number
The final judgment or disposition
The date the case was closed
Any settlement agreements or payment receipts

Step 2: Determine Your Eligibility

Research your state’s eviction sealing law using:

Your state’s judicial branch website
Legal Aid Society’s eviction sealing guide
Local tenant rights organizations
A consultation with a legal aid attorney (free for income-qualified individuals)

Step 3: Prepare Your Motion

You’ll need to file a motion to seal (or petition for expungement) with the court. This is a legal document that includes:

Your name and case number
The legal basis for sealing (which statute applies)
Evidence of eligibility (time passed, no new evictions, payment of judgment)
A proposed order for the judge to sign

Many courts provide fill-in-the-blank forms for self-represented litigants. Check your local court’s self-help center or website.

Step 4: File the Motion

Submit your motion to the court clerk. You’ll need to:

Pay the filing fee (typically $50-$300)
Provide a stamped copy for the opposing party (your former landlord or their attorney)
Get a hearing date from the court

If you can’t afford the filing fee, request a fee waiver application (also called an application to proceed in forma pauperis). Most courts grant these for individuals below the poverty line.

Step 5: Serve the Other Party

In most states, you must “serve” (deliver) a copy of your motion to the landlord or their attorney. This can usually be done by certified mail. Proof of service must be filed with the court.

Step 6: Attend the Hearing

At the hearing, the judge will review your motion and any objection from the landlord. Be prepared to:

Explain why sealing serves the interests of justice
Show evidence that you’ve met all eligibility requirements
Answer questions about your current housing and employment

If the judge grants your motion, the court will issue an order sealing the record. If denied, ask about your right to appeal.

Step 7: Confirm the Record Is Sealed

After the order is granted, follow up with the court clerk to confirm the record has been restricted. Then, request a copy of your tenant screening report from TransUnion, Experian, and CoreLogic to verify the eviction no longer appears. If it still shows up, you have the right to dispute it under the Fair Credit Reporting Act (FCRA).

How Long Does the Sealing Process Take

The timeline for sealing an eviction record varies based on your state, court backlog, and whether the landlord objects:

Uncontested cases: 2-6 weeks from filing to the sealed order
Cases requiring a hearing: 4-12 weeks
Contested cases (landlord objects): 3-6 months
Expungement proceedings: 3-8 months in states like Minnesota and Illinois

The slowest part is usually the court scheduling — getting a hearing date can take weeks in busy jurisdictions. If your case is straightforward (dismissed or tenant prevailed), some courts will grant the motion without a hearing, which can take as little as 2-3 weeks.

After the court issues the sealing order, it can take an additional 30-60 days for tenant screening companies to update their databases. Court records are sealed immediately, but third-party databases need time to catch up. If you’re applying for apartments during this window, you may need to show the court’s sealing order to explain the discrepancy.

How a Sealed Eviction Affects Future Rental Applications

Once your eviction record is sealed, here’s what changes:

Background Checks

Sealed eviction records should not appear on:

Tenant screening reports (TransUnion SmartMove, Experian RentBureau, CoreLogic SafeRent)
Criminal background checks (eviction is civil, not criminal, but screening reports often combine both)
Public court record searches by landlords

Under the Fair Credit Reporting Act (FCRA), tenant screening companies are prohibited from reporting sealed or expunged records. If a sealed eviction appears on your screening report, you have the right to dispute it and potentially sue for damages.

What Landlords Can Still See

Even with a sealed eviction, landlords may still learn about your rental history through:

Previous landlord references — your former landlord can still verbally tell a new landlord about the eviction
Rental history verification — if you list the property where you were evicted, the new landlord may contact them
Credit reports — if your landlord reported unpaid rent or a judgment to a collections agency, that may still appear on your credit report (though it can also be disputed)

Legal Protections

Several states have fair chance housing laws that prohibit landlords from discriminating based on sealed records:

Seattle, Portland, and New York City have “just cause” eviction protections that limit what landlords can ask about rental history
California, Colorado, and Illinois have laws restricting how landlords use eviction records in screening decisions
A growing number of jurisdictions are adopting “clean slate” legislation that automates record sealing for eligible cases

Understanding how AI-powered screening tools evaluate your application is increasingly important — learn more in our guide on AI rental screening for tenants.

Alternatives If Your State Doesn’t Allow Sealing

If you live in a state that doesn’t offer eviction record sealing, you still have options:

1. Negotiate With Your Former Landlord

Contact the landlord who filed the eviction and ask if they’d be willing to vacate the judgment or agree to have the case sealed. Some landlords are willing to do this if you’ve since paid what you owed, especially if it prevents a protracted legal battle. A stipulated motion to seal (signed by both parties) is more likely to be approved by a judge even in states without dedicated sealing statutes.

2. File a Motion to Seal Based on General Principles

Even without an eviction-specific statute, you can file a motion to seal court records based on:

Privacy interests that outweigh the public’s right to access
Fair housing violations — if the eviction was discriminatory or retaliatory
Procedural errors in the original case

Success rates for these motions are lower (roughly 15-25%), but they’re worth attempting with legal representation.

3. Build a Strong Rental Portfolio

While you work on sealing options, actively rebuild your rental credibility:

Obtain letters of recommendation from employers, colleagues, and previous landlords (excluding the one who evicted you)
Provide proof of stable income — recent pay stubs, employment verification, or bank statements showing consistent savings
Offer a larger security deposit or additional months’ rent upfront (where legal)
Apply with a co-signer or guarantor who has strong credit
Target smaller landlords and individual property owners rather than large management companies — they’re more likely to consider the full context of your situation

If your eviction was connected to a domestic violence situation, many states offer special protections:

Victim protective orders can include provisions sealing related court records
The Violence Against Women Act (VAWA) provides housing protections for survivors
State-specific victim rights laws may offer additional pathways to sealing

5. Improve Your Credit Score

An eviction often comes with financial damage — unpaid rent, collections, or judgments. Addressing these issues can significantly improve your overall rental application, even if the eviction record itself remains visible. Learn more about the relationship between credit and rental approval in our guide on credit score impact on rental applications.

Cost of Sealing an Eviction Record

The total cost of sealing an eviction record includes:

Filing Fees

State	Typical Filing Fee	Fee Waiver Available?
California	$90-$240	Yes (if below poverty line)
New York	$45-$210	Yes
Illinois	$60-$200	Yes
Texas	$50-$150	Yes
Washington	$60-$200	Yes
Minnesota	$75-$280	Yes
Oregon	$80-$200	Yes
Colorado	$60-$200	Yes

Additional Costs

Process server fees: $30-$100 (if required to formally serve the landlord)
Certified mail costs: $7-$15 per recipient
Copy and certification fees: $1-$5 per page
Attorney fees (if hired): $500-$2,500 for an uncontested sealing

Fee Waivers

If you can’t afford the filing fee, every state court system offers fee waiver applications for low-income individuals. You’ll need to provide proof of income (pay stubs, benefits letters) and a sworn statement of financial hardship. Fee waivers are granted based on federal poverty guidelines — if your income is at or below 125% of the federal poverty level, you typically qualify.

Legal Aid and Free Resources for Tenants

You don’t have to navigate eviction record sealing alone. These organizations provide free or low-cost legal assistance:

National Organizations

Legal Aid Society: The nation’s oldest and largest nonprofit law firm for low-income clients. They provide free representation for eviction sealing in New York City and partner with local organizations nationwide. Visit legalaidsoceity.org or call your local Legal Aid office.
Legal Services Corporation (LSC): Funds 132 independent legal aid organizations across all 50 states. Find your local LSC-funded program at lsc.gov/about-lsc/what-legal-aid/get-legal-help.
National Housing Law Project (NHLP): Provides resources and advocacy for tenant rights, including eviction record sealing. Their tenant defense manual is available free at nhlp.org.

State-Specific Resources

California: Law Foundation of Silicon Valley, Public Counsel, and Bet Tzedek offer free eviction sealing assistance. The California Courts self-help center also provides fill-in-the-blank forms.
New York: Legal Aid Society, Legal Services NYC, and the City Bar Justice Center provide free eviction sealing help. New York Housing Court also has a Help Center for self-represented tenants.
Illinois: Chicago Volunteer Legal Services, CARPLS, and the Lawyers Trust Fund of Illinois connect tenants with pro bono attorneys for eviction sealing.
Texas: Texas Legal Services Center and local legal aid organizations (such as Lone Star Legal Aid and Texas RioGrande Legal Aid) offer eviction sealing assistance.
Washington: Northwest Justice Project and the Housing Justice Project provide free legal help with eviction record sealing.

HUD-Approved Resources

HUD-approved housing counselors can help you understand your rights and connect with legal resources. Find one at hud.gov/counseling.
211 (United Way): Dial 211 to be connected with local legal aid and tenant rights organizations in your area.
LawHelp.org: A searchable directory of free legal aid programs and self-help resources, organized by state and issue area.

Understanding Your Lease to Prevent Future Evictions

The best strategy for dealing with eviction records is preventing them in the first place. A thorough understanding of your lease agreement — including late fee policies, notice requirements, and termination clauses — can help you avoid situations that lead to eviction filings. Read our comprehensive guide on how to read a lease agreement to learn what to watch for.

Additionally, understanding your rights regarding rent increases can prevent you from being priced out and forced into eviction. Our guide on rent increases, your rights, and planning covers how to respond to unfair increases and when they cross the line into constructive eviction.

Frequently Asked Questions

Take Control of Your Rental Future

An eviction record doesn’t have to define your housing options forever. Whether you qualify for sealing, expungement, or need to pursue alternative strategies, taking action is the first step toward reclaiming your rental eligibility.

Your Next Steps

Check your state’s eligibility — Research eviction sealing laws in your state using the resources above
Get your court records — Visit the court clerk to obtain your full case file
Contact legal aid — Free legal assistance is available in every state through LSC-funded organizations
File the motion — Even without an attorney, many tenants successfully seal their records using court self-help forms
Verify the sealing — After the order is granted, check your tenant screening reports to confirm the eviction has been removed
Use our rental affordability calculator — Once your record is cleared, find out exactly how much rent you can comfortably afford based on your income and expenses

Rebuilding after an eviction takes time, but each step forward improves your housing prospects. Combine a clean record with smart financial planning — understand your credit score’s impact on rental applications, know your rights when facing rent increases, and learn to spot red flags when you read a lease agreement. Every positive action compounds, bringing you closer to stable, affordable housing.