Eviction Record Sealing and Expungement Toolkit

EVICTION RECORD SEALING

AND EXPUNGEMENT TOOLKIT

NADA HUSSEIN

ERASE PROJECT COORDINATOR

TORI BOURRET

ERASE SENIOR PROJECT COORDINATOR

SARAH GALLAGHER

ERASE SENIOR PROJECT DIRECTOR

END RENTAL ARREARS TO STOP EVICTIONS

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

CONTENTS

EXECUTIVE SUMMARY .......................................................... 2

I. INTRODUCTION ...............................................................2

II. WHAT CAUSES AN EVICTION? .......................................3

III. CONSEQUENCES OF AN EVICTION FILING ...................4

IV. EVICTION RECORD SEALING AND

EXPUNGEMENT PROTECTIONS:

DEFINITIONS AND EXAMPLES .......................................4

V. IMPLEMENTING EVICTION RECORD

SEALING AND EXPUNGEMENT PROTECTIONS ............. 5

VI. CORE COMPONENTS OF EVICTION RECORD SEALING

AND EXPUNGMENT PROTECTIONS .............................. 6

VII. CONCLUSION ..................................................................8

FREQUENTLY ASKED QUESTIONS ........................................ 9

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

Executive Summary

uring the COVID-19 pandemic, policymakers rec-

ognized the importance of implementing tenant

protections that diverted eviction cases and kept tenants

securely housed.

Since the start of the pandemic, NLIHC

has tracked more than 180 tenant protections that address

both the long- and short-term effects of the pandemic,

and its overall impact on housing. When local, state, and

federal eviction moratoriums were in place to halt any

eviction proceedings on the grounds of nonpayment of

rent, eviction lings decreased in comparison to previous

years. In states like California, for example, eviction lings

dropped at the beginning of the pandemic to approxi-

mately 30% of 2018 levels.

Today, historic rates of ination, skyrocketing rents, and a

shrinking affordable housing stock have only compounded

the risk of housing insecurity brought on by the pandemic.

As eviction rates return to the pre-COVID-19 status quo,

many renter households across the country have become

increasingly vulnerable to the threat of eviction.

In Minne-

apolis and St. Paul, Minnesota, for example, eviction lings

in 2022 increased by more than 137% over the pre-pan-

demic average, showing the dire need for passing more

stringent and permanent tenant protections.

This toolkit is the result of an effort by the National Low

Income Housing Coalition’s (NLIHC) 2022-2023 End

Rental Arrears to Stop Evictions (ERASE) Project Cohort

to learn about how access to renters’ rental histories can

be better controlled. The Cohort is interested in exploring

eviction record sealing and expungement legislation as

part of its larger goal of preventing evictions and creat-

1 Gromis, A. et al. (2022, March 8). Estimating Eviction Prevalence Across the United States. Proceedings of the National Academy of Sciences,

Volume 119, Issue 21.

2 Herrera, J. & Paluch, J. (2023, March 6). Eviction Rates Plunged During the Early Part of the Pandemic. Public Policy Institute of California.

3 Fitzpatrick, A. & Beheraj, K. (2023, March 16). Evictions Have Returned to – or Exceeded – Pre Pandemic Levels. Axios.

4 Fitzpatrick, A. & Beheraj, K. (2023, March 16). Evictions Have Returned to – or Exceeded – Pre Pandemic Levels. Axios.

5 Bell, J. (2021, November 5). Beyond Displacement: How the Impact of an Eviction Can Last for Years. PublicSource.

ing a permanent Emergency Rental Assistance fund. This

toolkit provides information about evictions and eviction

record sealing and expungement policies, current eviction

record sealing and expungement legislation, and the core

components of existing protections, as well as answers to

frequently asked questions.

For more information on NLIHC’s ERASE Project, visit:

https://nlihc.org/erase-project

I. INTRODUCTION

Regardless of their outcomes, eviction lings can result in

lasting and sometimes permanent consequences for indi-

viduals. Even in cases where an eviction judgement does

not result in displacement for a tenant, the mere presence

of an eviction on a tenant’s public record, especially as

it appears in their credit history when applying for future

housing opportunities, can prohibit a tenant from securing

safe, stable, accessible, and affordable housing long into

the future. For low-income and marginalized renter groups

particularly, the effects can be detrimental to aspects of

life well beyond housing stability, impacting an individual’s

and their family’s ability to access reliable transportation,

quality schools, and work opportunities.

To help mitigate the negative effects of eviction records

and support renters at risk of eviction, a growing number

of lawmakers in states and localities across the country

have passed eviction record sealing and expungement

protections. While the strength of these policies and

programs varies based on state and local contexts, the

general purpose of enacting such protections is to prevent

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

eviction lings from impacting the ability of tenants to

secure stable housing.

Currently, there are 10 states, including the District of

Columbia, with active legislation related to the sealing or

expunging of eviction records to protect renters, while

many other states and localities are working to enact such

protections in their jurisdictions.

II. WHAT CAUSES AN

EVICTION?

For decades, renters in the U.S. have experienced alarm-

ingly high rates of eviction. Using data collected over an

18-year period, the Eviction Lab at Princeton University

recently found that, on average, 3.6 million evictions had

been led annually since 2000 – that is, approximately

nine eviction lings for every 100 households.

Black and

Indigenous renter households and households of color

are more likely to have an eviction led against them than

white renters, with low-income Black women experiencing

the highest eviction rates. Over the course of their life-

time, one out of every ve Black women is evicted, while

one out of every 15 white women is evicted.

Low-income

households with children are also disproportionately more

likely to face eviction. More than 14% of children who live

in low-income households have experienced an eviction

by the time they are 15 years old.

Evictions can happen for many reasons. During or at the

end of a tenant’s lease term, a landlord can le to legally

remove a tenant from their residence for reasons such as

nonpayment of rent, violation of the lease agreement,

or criminal activity. The most common cause of eviction,

typically, is nonpayment of rent. In many states, clearing a

rental balance with a landlord is one of the only options for

diverting the threat of eviction once a “notice to quit” has

been issued against a tenant. However, because eviction

cases disproportionately impact low-income renters, many

tenants who are evicted for nonpayment of rent nd it dif-

6 Garnham, J., Gershenson, C., & Desmond, M. (2022, July 11). New Data Release Shows that 3.6 Million Eviction Cases were Filed in the United

States in 2018. Princeton University.

7 Lake, J. & Tupper, L. (2021, September 30). Eviction Record Expungement Can Remove Barriers to Stable Housing. Washington, DC: Center for

American Progress.

8 Benfer, E. (2022, November 2). U.S. Eviction Policy is Harming Children: The Case for Sustainable Eviction Prevention to Promote Health Equity.

Harvard University.

9 Vallejo, C. & Rabe-Thomas, J. (2022, April 14). Rent Paid, Still Evicted: the COVID-era Rise of No-Fault Evictions. Connecticut Public Radio.

cult to pay back any arrears and have their eviction case

dismissed. Consequently, a tenant who is aware that they

have not met this requirement will often not challenge

an eviction order brought against them. The tenant may

then choose not to appear in court, resulting in a default

eviction judgement against the tenant, usually in favor of

the landlord.

Lack of legal services, particularly for low-income rent-

ers, can also result in eviction judgements being brought

against tenants. Low-income families usually cannot afford

private lawyers, while legal aid attorneys are often unavail-

able due to high demand. (Indeed, approximately 50% of

individuals seeking representation through legal aid are

turned away.) As a result, in eviction cases nationwide,

approximately 82% of landlords are represented in court,

while only 3% of tenants are.

Eviction lawsuits can also be led against tenants without

good or “just” cause, meaning, landlords can evict tenants

for no reason – or fault of the tenant – whatsoever. In many

states and localities around the country, landlords are not

required to provide a reason for evicting a tenant at the

end of a lease term or for evicting a tenant without a lease

(i.e., a resident with a month-to-month tenancy). Moreover,

a landlord who is unable to evict a tenant during their

lease term may choose not to renew the tenant’s lease and

use the lease holdover as grounds for eviction. Only 10

states have just cause eviction laws that limit the causes

for which a landlord can evict a tenant or refuse to renew

a tenant’s lease when the tenant is not at fault or in viola-

tion of any law. While no-fault evictions are illegal in some

states, in others they are commonplace. In September

2021, of the 1,045 eviction cases led in the State of Con-

necticut that month, 537 were due to no-fault causes.

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

III. CONSEQUENCES OF AN

EVICTION FILING

Once an eviction has been led with the court, the ling

can follow an individual for years, making it more dif-

cult to obtain and maintain future housing as a renter.

Eviction lings pose a threat to individuals because they

appear during background screenings. Landlords often

utilize background screenings through third-party screen-

ing companies during the application process, which can

result in outdated and inaccurate or misleading informa-

tion about applicants being shared with landlords.

As a

consequence, property owners and landlords often reject

applications from prospective tenants whose screening

reports reveal eviction lings, regardless of the outcome or

circumstances surrounding the ling.

Despite the bearing of an eviction record on the ability

of an individual to secure housing opportunities, a past

eviction ling is not an accurate indicator of future tenancy.

Once an eviction record is created, credit companies can

access a tenant’s eviction data immediately. The data is

then packaged and made accessible to landlords as part

of a tenant’s screening report when a tenant lls out a

rental application. Tenant screening reports do not detail

why a tenant was evicted but rather only note that an evic-

tion ling is present. Notably, a tenant screening report

does not accurately reect a tenant’s ability to pay rent or

uphold the terms of the lease agreement.

Instead of such

reports, landlords should utilize more qualitative measures

to evaluate rental applications, including reference checks

and interviews.

10 Duke, A. & Park, A. (2019, July 18). Court Database Shouldn’t Be Landlord Screening Tool. Commonwealth Magazine.

11 Collatz, A. (2017, June 6). Landlord Survey: Optimism in Renting Your Property. SmartMove.

12 Dada, T. & Duarte, N. (2022, July 7). How to Seal Eviction Records. Upturn.

13 Rickard, E. & Khwaja, N. (2021, August 26). State Policymakers Are Working to Change How Courts Handle Eviction Cases. The Pew Charitable

Trusts.

14 Lake, J. & Tupper, L. (2021, September 30). Eviction Record Expungement Can Remove Barriers to Stable Housing. Washington, DC: Center for

American Progress.

15 Scherer, J. (2021). Changing the Rule that Changes Nothing: Protecting Evicted Tenants by Amending Cleveland Housing Court Rule 6.13. Cleve-

land State Law Review.

IV. EVICTION RECORD

SEALING AND

EXPUNGEMENT

PROTECTIONS:

DEFINITIONS AND

EXAMPLES

Historically, record sealing and expungement laws have

been used to provide restitution to individuals in certain

criminal and juvenile cases. However, similar protections

have also been extended to tenants with eviction records

within the last decade to minimize the chances that these

records are used against them in the future and reduce the

likelihood of chronic housing instability.

When an eviction record is sealed, it is removed from

public view, with restrictions put in place detailing who

can access the eviction record. In Arizona, for example,

“House Bill 2485,” which was passed in 2022, seals evic-

tion records that are resolved in mediation pre-judgement

– that is, outside of a courtroom – or in cases where a

judge rules in favor of the tenant. Under this act, once an

eviction record has been sealed, it cannot be unsealed or

sold to a third party, such as a credit company or another

landlord. Instead, only the party who has been evicted

is able to access their case les. Even so, tenants whose

eviction records are sealed must still reveal that they have

been evicted on housing applications, which can often

trigger an automatic denial by a landlord.

14,15

Expungement is a comparatively more permanent process

that completely erases an individual’s eviction record, mak-

ing it seem as if it were never there. In Oregon, lawmakers

passed “Senate Bill 873” in 2019 to allow individuals with

past eviction judgements to have their records cleared.

When the bill was rst passed, it only applied to cases that

resulted in rulings in favor of the tenant or that were dis-

missed, cases in which a nal court judgement was at least

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

ve years old, and cases in which the landlord and tenant

agreed to jointly le to have the eviction record expunged.

During the pandemic, the law was amended to allow

tenants in all types of eviction cases that arose on or after

April 1, 2020, and before March 1, 2022, to le a request

that their eviction record be erased from the court system.

The permanent nature of such expungement legislation

can prevent prospective landlords from nding eviction

records in tenants’ rental histories, while also allowing

applicants to answer “No” on housing applications when

asked whether they have been evicted.

V. IMPLEMENTING

EVICTION RECORD

SEALING AND

EXPUNGEMENT

PROTECTIONS

Eviction record sealing and expungement protections

can target any stage of the eviction process and can be

triggered automatically or through a petition process ini-

tiated by the tenant or landlord. States like California and

Colorado allow for the automatic sealing of an individual’s

record as soon as an eviction lawsuit has been led, while

other states, like Indiana and Minnesota, require a tenant

to formally apply to have their record sealed or expunged

once a court decision has been delivered.

Passing eviction record sealing and ex-

pungement legislation

Eviction record sealing and expungement protections can

be passed at the federal, state, or local levels. There is

currently no federal legislation that mandates the sealing

or expungement of an individual’s eviction record, making

state and local legislation even more important. Currently,

10 states nationwide (including the District of Columbia)

have enacted sealing or expungement protections for

tenants, with dozens of localities currently working to pass

their own policies.

Two distinct avenues are available for lawmakers who wish

to codify protections for tenants: statutory laws (employing

legislative means) and administrative policies and orders

(using executive means).

W STATUTORY LAWS

Statutory laws are written laws passed in the form of bills

or acts at either the federal or state levels that are signed

into law by members of the executive branch. At the local

level, statutory laws are passed by city or town councils

and then signed into law by a mayor.

There are several benets to enacting tenant protections

through statutory – or legislative – means. Statutory laws

can provide:

W Clarity and permanence: As outlined in the text of a

bill or act, statutory laws help individuals or organi-

zations better understand their rights. Statutory laws,

once enacted, can also extend permanent protec-

tions to individuals, especially when these protec-

tions are codied into law.

W Flexibility: Once passed, statutory laws can be

updated or amended by a state or local legislature,

allowing them to be responsive to the needs of the

public.

W Public input and transparency: Statutory laws allow

public input and debate, which can in turn promote

transparency and increase accountability.

W Legitimacy: Insofar as they result from democrat-

ic processes, statutory laws can be seen as more

legitimate, especially when such laws are passed with

input from the public.

W ADMINISTRATIVE POLICIES AND ORDERS

A second avenue for enacting eviction record sealing

and expungement protections is through administrative

policies and orders. Administrative policies are rules and

regulations that deal specically with the implementation

and interpretation of laws. Administrative – or executive –

orders, on the other hand, are temporary policies passed

by the executive branch at the federal or state level that

do not require support from a legislative body. When

administrative policies and orders are issued, the court

system oversees their implementation to ensure that the

laws are upheld both consistently and efciently.

Administrative policy differs from statutory law. While stat-

utory law deals with the creation of laws and legislation,

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

administrative policy focuses on its implementation. Ad-

ministrative policies are thus more technical than statutory

laws, insofar as they detail the processes and procedures

needed to implement and interpret laws and legislation.

While administrative policies are not laws per se, they are

rules and regulations that have a power akin to law.

Texas, which is one of 10 states to have enacted eviction

record sealing and expungement policies and programs,

is the only state to have passed these protections through

administrative means. In 2020, the Supreme Court of Tex-

as, in collaboration with the Texas Ofce of Court Adminis-

tration and the Texas Department of Housing and Commu-

nity Affairs, passed Executive Order No. 27 to establish the

Texas Eviction Diversion Program (TEDP). Through this pro-

gram, a tenant can enter mediation with their landlord with

the help of the Court’s Justice of the Peace staff. Once

the tenant and landlord enter mediation, any eviction

ling that has been brought against the tenant is paused

for 60 days, and all records related to the case are sealed

and made condential. During the 60-day time period, if

the landlord receives any rental assistance or reaches an

amicable conclusion to the case with the tenant, the case

is dismissed, and the tenant’s eviction record is sealed and

remains condential. Notably, eviction record sealing poli-

cies in Texas have been renewed 14 times through admin-

istrative means since the start of TEDP in 2020.

Role of the Courts

When eviction record sealing and expungement policies

and programs are put in place, the courts play a critical

role in their enforcement. Throughout the eviction process,

the courts are involved in every aspect of a tenant’s case.

At the beginning of the eviction process, when an eviction

order is levied against a tenant, court clerks are tasked

with maintaining a tenant’s eviction le. If sealing or ex-

pungement policies are in place, court clerks are in charge

of maintaining the condentiality of these records.

A court’s capacity and resources, or lack thereof, play an

important role in its ability to effectively implement evic-

tion record sealing and expungement policies or pro-

grams. Due to budget constraints, local courts often have

outdated infrastructures, leading to difculties for court

clerks when it comes to efciently tracking or accessing

individuals’ records. Court clerks can also be hesitant to

16 Dada, T. & Duarte, N. (2022, July 7). How to Seal Eviction Records. Upturn.

change processes because of a lack of staff capacity. In

New Orleans, a city court clerk testied against a pro-

posed eviction record sealing bill, arguing that the bill

would place undue pressure on the courts. In the clerk’s

testimony, they stated that the courts did not have the

capacity to oversee the implementation of the proposed

eviction sealing and expungement policy and lacked the

funding to hire additional staff.

Therefore, for states and localities working to enact sealing

and expungement protections within their jurisdictions,

it is imperative that lawmakers engage court staff when

drafting these bills. In California, for example, when ad-

vocates were working to pass “Assembly Bill 2819,” court

staff were included in deliberations about the bill, ensuring

that courts would have the capacity to implement the law

effectively.

VI. CORE COMPONENTS

OF EVICTION

RECORD SEALING

AND EXPUNGMENT

PROTECTIONS

To date, 10 jurisdictions have passed eviction record

sealing or expungement legislation: Arizona, California,

Colorado, the District of Columbia, Indiana, Minnesota,

Nevada, Oregon, Texas, and Utah. California was the rst

state to enact such protections for tenants

(in 2016), while other states followed suit during the

pandemic.

While each jurisdiction has implemented unique sealing

and expungement protections, many of the protections

share core components that have been urged by advo-

cates. These include the following:

W Automatic sealing for eviction records at the point of

ling.

W Sealings that last as long as possible.

W Minimal administrative barriers to sealing and ex-

punging records.

W Processes for accessing sealed eviction records by

tenants and their attorneys for housing justice pur-

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

poses, as well as aggregated levels to track eviction

rates at the state and local levels.

W Limitations on the selling of data to third-party enti-

ties, including credit companies.

W Processes for engaging court staff to understand ca-

pacity and administrative needs and ensure success-

ful program implementation.

Based on an examination of existing protections and

their common components, the ERASE project offers the

following recommendations for lawmakers developing new

eviction record sealing and expungement protections:

CLARIFY THE OPTIONS AVAILABLE TO INDIVIDUALS

WISHING TO SEAL OR EXPUNGE THEIR EVICTION

RECORDS

Lawmakers should clearly detail the options available to

individuals hoping to secure their records and make them

condential. In currently existing protections, tenants have

four options when attempting to seal or expunge their

eviction records. These options are common across all

states with legislation in place:

W Tenants can attempt to prevail in court and be found

not at fault or can attempt to convince a court to

dismiss their eviction case altogether.

W Tenants can enter into mediation with landlords be-

fore eviction trials and resolve cases outside of court.

W Tenants and landlords can le joint requests with

courts to have eviction records sealed.

W Tenants can wait for a certain amount of time to pass

following an eviction judgement, after which time

they may qualify for an expungement.

ENSURE THAT PROTECTIONS COVER ALL TYPES OF

EVICTION CASES

Lawmakers devising protections will need to distinguish

what types of eviction cases are eligible to be sealed.

17 Dada, T. & Duarte, N. (2022, July 7). How to Seal Eviction Records. Upturn.

18 DalPorto, D. & Hayford, M. (2022) Eviction Sealing. Case Western Reserve Social Justice Law Center: Reporter, Vol. 2022, Article 8

While some jurisdictions – such as California, Colorado,

the District of Columbia, Minnesota, and Nevada – allow

for the sealing of records for all types of eviction cases,

other states only allow the records of certain eviction cases

to be sealed. In Arizona, for example, only individuals who

have had an eviction order brought against them, either

for noncompliance with a lease agreement or failure to

pay rent, can have their eviction record sealed. In Indiana,

however, an individual’s request for sealing is considered

on a case-by-case basis. To protect renters who have been

evicted, lawmakers should opt to provide coverage for all

types of eviction cases.

REQUIRE THAT EVICTION FILINGS ARE SEALED AT

THE POINT OF FILING

Lawmakers must also consider when in the eviction

process an individual’s record should be sealed. Eviction

records can be sealed automatically, at the time of an

eviction being led, or at the end of the eviction process

when a judgement is brought down. Yet because third

parties can access eviction data as soon as a case is led,

it is imperative that eviction records be sealed at the point

of ling. When credit companies pull data on individuals

early in the eviction process, that data can often provide

misleading information about an individual, especially if

the individual ends up prevailing in court. States such as

Colorado have attempted to limit third-party access by

sealing an individual’s eviction record as the individual

moves through the eviction process. Other states, such

as California and Colorado, seal an individual’s eviction

record automatically.

STREAMLINE EVICTION RECORD SEALING AND EX-

PUNGEMENT PROCESSES BY REDUCING DOCUMEN-

TATION

When eviction records are not sealed automatically, indi-

viduals must apply to have their records sealed. Usually,

this process involves reams of paperwork for the individual.

In addition to making sure the proper paperwork is lled

out, individuals in some states, like Oregon, must convince

a landlord to afx a signature to a document asserting that

the individual has satised the terms of the eviction judge-

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

ment. At times, landlords can refuse to sign the individual’s

paperwork, creating additional barriers. These challenges

can be mitigated by implementing policies that seal evic-

tion records at the time of ling.

LIMIT ACCESS TO EVICTION DATA

To help mitigate the collateral consequences of evictions,

lawmakers should consider limiting access to sealed

eviction records. In the District of Columbia, for example,

once an eviction record has been sealed, the record may

only be opened upon written request by the tenant named

in the case or when the Superior Court shows compelling

need for the record (for example, when data are being

used for scholarly, educational, journalistic, or governmen-

tal purposes). Even when a court can show compelling

need for the record, the tenant’s identifying information is

made private.

ENSURE THAT SEALED RECORDS ARE SEALED PER-

MANENTLY

When an eviction record is sealed, it should be closed

off from public view for as long as possible, and ideally

permanently. All 10 states that have implemented sealing

protections for tenants – including the District of Columbia

– have designed protections that maximize the amount of

time records remain sealed.

VII. CONCLUSION

Eviction record sealing and expungement protections

are effective interventions for minimizing the impacts of

eviction. While eviction record sealing and expungement

protections do not prevent evictions from occurring, these

protections can be used to reduce the threat of housing

instability for many renter households. For low-income and

marginalized renter groups, sealing and eviction protec-

tions, especially those that limit public access to eviction

records, can ensure that tenants who have faced eviction

lawsuits are not forced into undesirable and unsafe living

situations. It is imperative that state and local lawmakers

work to enact protections for tenants that address evic-

tions in all forms and at all stages of the eviction process.

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

WHAT IS AN EVICTION RECORD?

An eviction – or unlawful detainer - is the legal removal of

a tenant from their home. An eviction record is a public

record housed within the court system that indicates that

a tenant has been evicted from their place of residence.

Once an eviction has been led against a tenant within

the court system, it appears on the tenant’s record almost

immediately, sometimes remaining there permanently.

HOW MANY EVICTIONS ARE FILED PER YEAR NA-

TIONWIDE?

The Eviction Lab at Princeton University reports that be-

tween 2000 and 2018, more than 3.6 million evictions were

led per year in the United States.

During the COVID-19

pandemic, states and localities encountered challenges

in trying to accurately track the number of eviction cases

led within their jurisdictions – whether this was weekly,

monthly, or annually. The challenges faced by states and

localities stemmed from a lack of administrative personnel

to keep track of eviction data, as well as outdated infra-

structure that made collecting data difcult.

Therefore,

more recent eviction data are not readily available.

WHO IS MOST IMPACTED BY EVICTION?

Evictions disproportionately impact certain population

groups over others. Low-income individuals, and especially

renters of color, including members of Black and Hispanic

populations, experience evictions at higher rates than their

19 Garnham, J., Gershenson, C., & Desmond, M. (2022, July 11). New Data Release Shows that 3.6 Million Eviction Cases were Filed in the United

States in 2018. Princeton University.

20 Choi, J., Goodman, L., & Pang, D. (2022, February). Navigating Rental Payment and Eviction Data During the Pandemic. The Urban Institute.

21 Lake, J. & Tupper, L. (2021, September 30). Eviction Record Expungement Can Remove Barriers to Stable Housing. Washington, DC: Center for

American Progress.

22 Bell, J. (2021, November 5). Beyond Displacement: How the Impact of an Eviction Can Last for Years. PublicSource.

white counterparts. Of these populations, low-income

women of color and single mothers tend to be the most

impacted. Nationwide, one out of every ve Black women

is likely to have experienced an eviction during their life-

time, while only one out of every 15 white women is likely

to have experienced an eviction.

WHY SEAL OR EXPUNGE EVICTION RECORDS RATH-

ER THAN KEEP THEM PUBLIC?

The purpose of enacting such protections is that once

an eviction – or the legal removal of a tenant from their

residence – has been levied against a tenant, it cannot be

used against them as they attempt to secure future hous-

ing. The mere presence of an eviction on a tenant’s public

record, especially as it appears in their credit history when

applying for future housing opportunities, can prevent a

tenant from securing safe, stable, accessible, and afford-

able housing long into the future. For low-income and

marginalized renter groups particularly, the effects can be

detrimental to aspects of their life beyond housing sta-

bility, impacting an individual’s and their family’s ability to

access quality transportation, schools, and work.

WHAT IS THE DIFFERENCE BETWEEN SEALING AND

EXPUNGING EVICTION RECORDS?

Expungement, which is less common than sealing, means

an eviction record is removed from a court system’s public

view, preventing prospective landlords from seeing an

eviction in a tenant’s rental history and allowing the appli-

FREQUENTLY ASKED

QUESTIONS

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

cant to answer “No” when asked whether they have been

evicted on a housing application. Eviction record sealing,

by comparison, refers to a court controlling and provision-

ally restricting access to an eviction record.

While sealing

still reveals the presence of an eviction ling, expunging

an eviction record is a more permanent process that com-

pletely clears a tenant’s eviction record from view.

WHAT ARE EVICTION RECORD SEALING AND EX-

PUNGEMENT PROTECTIONS?

Eviction record sealing and expungement protections are

policies that either limit access to or erase an individual’s

eviction record. Lawmakers often advocate for these laws

to be passed in order to mitigate the negative impacts of

evictions on individuals and their families.

WHICH LEGISLATIVE BODIES CAN PASS EVICTION

RECORD SEALING AND EXPUNGEMENT LAWS?

These laws can be passed by legislative bodies at the fed-

eral, state, and local levels. There are currently no federal

eviction record sealing and expungement protections in

place, but 10 states – including the District of Columbia –

have enacted local protections.

WHAT IS THE PROCESS FOR PASSING EVICTION RE-

CORD SEALING AND EXPUNGEMENT LAWS?

These laws can be passed in two ways: through the legisla-

tive process (i.e., statutory law) and through administrative

means (i.e., executive orders and policies). Statutory law

encompasses legislation (an act, a bill, or an ordinance)

introduced by a legislative body that is voted on before

being signed into law by an ofcial from the executive

branch. By comparison, administrative law focuses on the

enforcement of laws and ensures that laws are upheld

through rules and regulations. Administrative policies can

be passed by executive branches at the federal, state, or

local levels. Examples of administrative agencies include

bureaus, courts, commissions, and other departments.

23 Scherer, James J. (2021). Changing the Rule that Changes Nothing: Protecting Evicted Tenants by Amending Cleveland Housing Court Rule 6.13.

Cleveland State Law Review, Volume 70, Issue 1.

24 Lippman, D. (2021, August 06). Groups Opposing Eviction Ban Spent Big on Lobbying. Politico.

25 DalPorto, D. & Hayford, M. (2022). Eviction Sealing. Case Western Reserve Social Justice Law Center: Reporter, Vol. 2022, Article 8.

WHO ARE THE BIGGEST OPPONENTS TO PASSING

EVICTION RECORD SEALING AND EXPUNGEMENT

LAWS?

In addition to those landlords opposing the passage of

eviction record sealing and expungement protections,

there are several lobbying rms that oppose such protec-

tions. In 2021, lobbying rms spent more than $100 million

trying to prevent the passage of tenant protections.

IF EVICTION RECORD SEALING PROTECTIONS DO

NOT PREVENT EVICTIONS, WHY SHOULD THIS TYPE

OF LEGISLATION BE PASSED?

An eviction ling is not the same as an eviction, but it still

carries the same negative stigma that eviction does. When

an eviction is led against a tenant, it creates a permanent

legal record that is available to the public, regardless of

the outcome of the case. Background screenings often do

not specify the outcome of a case and are also inaccurate,

pulling histories of unrelated people with similar names.

Having an eviction record can generate a slew of negative

consequences for tenants, including limiting their ability

to seek out additional housing opportunities after they

have been evicted. As a result, individuals are often forced

into undesirable living situations. Sealing these records,

however, can allow a tenant to shield their eviction history

from public view, which in turn can limit potential landlords

from accessing an individual’s eviction record and denying

their tenancy.

WILL SEALED EVICTION RECORDS DISTORT THE

ISSUE OF HOUSING INSTABILITY ALTOGETHER,

THWARTING RESEARCHERS’ EXPLORATION OF

THESE ISSUES?

Although eviction records offer important data to research-

ers, such records also have devastating impacts for renters,

including housing instability, mental health issues, familial

strains, educational impediments, loss of jobs, and loss of

income. Expungement or sealing laws can include clauses

to ensure that researchers have access to uncoupled data

so they can document trends without accessing specic

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

cases.

WHAT ABOUT PROFESSIONAL TENANTS WHO SCAM

THE SYSTEM, NEVER PAY RENT, AND KEEP MOVING?

SEALING AND EXPUNGING RECORDS PREVENTS

LANDLORDS FROM BEING ABLE TO SEE WHETHER A

TENANT HAS A HISTORY OF NOT PAYING RENT AND

MOVING FROM PLACE TO PLACE.

If a landlord is checking references, and a tenant cannot

come up with any, the landlord does not have to rent to

them. References are a more accurate way to gather back-

ground information on a tenant than their record. Addi-

tionally, eviction records do not display whether an individ-

ual was at fault during an eviction case. This can result in

misleading information being shared about a prospective

tenant.

26 DalPorto, D. & Hayford, M. (2022). Eviction Sealing. Case Western Reserve Social Justice Law Center: Reporter, Vol. 2022, Article 8.

27 Fitzpatrick, A. & Beheraj, K. (2023, March 16). Evictions Have Returned to – or Exceeded – Pre Pandemic Levels. Axios.

EVICTION RECORD SEALING AND EXPUNGEMENT TOOLKIT

Looking

for more

information?

W For more information about evictions

and eviction record sealing and ex-

pungement protections, please visit

the ERASE website

W If you have a question, please con-

tact the ERASE team at eraseproj-

[email protected]

National Low Income Housing Coalition

1000 Vermont Avenue, NW | Suite 500 | Washington, DC 20005 | 202-662-1530 | www.nlihc.org