How Long Does an Eviction Stay on Your Record?

How Long Does an Eviction Stay on Your Record, and Can You Remove It?

If you’re apartment hunting with an eviction in your past, it can feel like it will always follow you everywhere. An “eviction record” is usually created as soon as a landlord files the case. That means you can have an eviction record on your tenant screening report even if the case was eventually dismissed, settled, or decided in your favor.

Eviction records can get pretty messy. Research cited in the Consumer Financial Protection Bureau’s (CFPB) 2022 tenant screening market report found that 22% of state eviction cases in a study of 3.6 million court records were ambiguous or false. So before you assume an old eviction is simply something you have to live with, it’s worth checking how long it can legally follow you and whether it’s being reported correctly.

QUICK ANSWER

An eviction can stay on your court record indefinitely unless a court seals or expunges it. Tenant screening companies, though, generally can’t report an eviction case once it’s more than seven years old under the Fair Credit Reporting Act (FCRA). The eviction itself shouldn’t appear on your credit report, but unpaid rent sent to collections can stay there for up to seven years.

If an eviction is showing up wrong, or longer than the law allows, you can dispute it with the tenant screening company that prepared the report, for free. If the screening company fails to correct the report and you lose out on the apartment, you may be able to file a legal claim against the screening company and get compensation.  

How Long Does an Eviction Stay on Your Record?

How long an eviction stays on your record depends on where you’re looking, because an eviction can show up in several places, each with its own clock.  

• Court Records: An eviction case may remain in court records indefinitely unless a court seals, expunges, or sets it aside. How long the record remains accessible depends on your state’s laws and the court that handled the case.

• Tenant Screening Reports: Eviction records can generally appear on tenant screening reports for up to seven years from the date the case or judgment was entered. The FCRA sets federal reporting limits, although some states impose shorter restrictions.

• Credit Reports: The eviction itself does not appear on your credit report. However, unpaid rent that is sent to collections can generally remain on your credit report for up to seven years from the date you first fell behind.

• Employment Background Checks: Evictions are usually not part of a standard employment background check. However, an eviction case could potentially appear if an employer requests a search of civil court records. Whether it appears depends on the type of background check conducted.

When does the seven-year clock start for tenant screening reports?

For tenant screening reports, the seven-year limit is generally counted from the date the eviction case or judgment was entered in court, not from the day you moved out. The FCRA allows a longer period only if your state’s statute of limitations for that kind of case is longer. Nothing you do later, like applying for a new apartment, restarts that clock.

How long does an eviction stay on your credit report?

An eviction shouldn’t appear on your credit report at all, because the three major credit bureaus stopped including civil judgments years ago. What can appear is a collection account for unpaid rent or fees. That collection can stay for up to seven years from the date you first fell behind, and selling the debt to a new collector shouldn’t restart that clock.  

Does an Eviction Show Up If I Won or the Case Was Dismissed?

A dismissed or won eviction case can still show up, because the court record exists from the moment the landlord filed. But how it’s reported matters. A tenant screening report that lists the filing without the dismissal, shows a judgment against you when the case was settled or won, or lists one case several times may be considered inaccurate or misleading under the FCRA.

In 2023, the Federal Trade Commission (FTC) and the CFPB settled with TransUnion Rental Screening Solutions over allegations that its tenant screening reports included sealed eviction records, duplicate entries for the same case, and eviction outcomes that weren’t reported accurately. The CFPB’s 2022 report also found examples of tenant screening reports that appeared to include eviction records older than seven years.

Does an Eviction Show Up on a Background Check?

An eviction usually shows up on a tenant screening report, but not on a typical job background check or your credit report. Tenant screening companies pull eviction filings specifically because landlords ask for them. Most employment background checks focus on criminal records, employment history, and education, so a civil eviction case generally won’t appear unless the employer orders a civil court records search.

If the eviction is reported wrong or is too old

Dispute it in writing with the tenant screening company that prepared the report. Under the FCRA, the company generally has 30 days to investigate, and anything it can’t verify must be corrected or deleted. Verifying the record with the court is the company’s job, not yours, but include any paperwork you already have, for things like a dismissal order, a settlement agreement, or proof of your move-out date.

If the eviction is accurate

Even when an eviction record is accurate, you may still have options. A growing number of states allow eviction records to be sealed, expunged, set aside, or otherwise restricted from public access. Some protections happen automatically, while others require the tenant to ask the court.

The rules vary significantly by state. For example:

• Automatic sealing or restricted access: California initially restricts public access to most unlawful-detainer records and has special rules governing when those records become publicly available. Colorado automatically suppresses eviction court records when a case is filed and generally makes them public if the landlord later obtains an order granting possession.

• Set-asides, sealing, and expungement: Oregon allows tenants to ask a court to set aside and seal qualifying eviction records and also provides for automatic court-initiated sealing of certain older cases. Minnesota allows discretionary expungement and requires expungement in several situations, including generally three years after an eviction was ordered.

• Limits on tenant screening reports: Washington allows courts to order "limited dissemination" of an eviction action in certain circumstances. When such an order is entered, tenant screening companies cannot report the case or use it to calculate a score or recommendation.

Because these protections depend heavily on state law and the outcome and age of the case, an accurate eviction record does not necessarily mean it must remain publicly available or appear on tenant screening reports indefinitely.

If you get a court order, send a copy to the major tenant screening companies yourself so they know to stop reporting the case. It’s also worth paying any judgment you owe and making sure the court records it as satisfied. A satisfied judgment doesn’t erase the eviction, but it should change what a landlord sees.

What If an Eviction Record Cost Me an Apartment?

If a landlord denies your application because of something in a tenant screening report, the FCRA requires the landlord to send you an adverse action notice. That notice must say that a tenant screening report was used and give the name, address, and phone number of the company that prepared it, so you know exactly who to dispute with.

Fixing the record matters even if you’ve already found a workaround. In our own interviews with consumers, one renter who was denied over a billing mix-up got approved by adding a co-signer instead of disputing. That solved one application, but the error stayed on the report for the next landlord to find. If you were turned down, our guide to apartment denials from screening reports explains the landlord’s responsibilities and what your options are.

Is an Old or Inaccurate Eviction Following You? Our Lawyers Can Help

We’ll review your tenant screening report, examine the errors you’ve spotted, and talk about the evidence you’ll need. Your consultation is always free, and if we take your case, you won’t pay out-of-pocket or upfront fees because the Fair Credit Reporting Act makes the tenant screening company pay.  

Credit Report Resources

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• Fix Tenant Screening Report Errors
• Denied a Mortgage Due to Your Credit Report?
• Denied a Loan Due To Your Credit Report?
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