Legal FAQs
Can I remove an eviction from my record?
Texas does not have a process to remove or seal an eviction from your record. Landlords can find records of a past eviction if they:
- run a background check;
- search eviction court records; or
- use a tenant screening service.
This is mostly true even if the eviction case was dismissed, or if you won your case.
Are eviction court records public?
Yes. Under Rule 76a of the Texas Rules of Civil Procedure (TRCP), court records are "presumed to be open to the general public." This includes records of eviction cases in Justice of the Peace courts. Anyone can locate these records through a court records search.
Court records cannot be removed or sealed, except:
- in certain circumstances described in Rule 76a of the TRCP
- if the eviction case was dismissed under the Texas Eviction Diversion program
Currently, Texas does not have any other rules or laws on sealing eviction records.
Will the eviction show up on my credit report?
Under state and federal law, negative information can stay on your credit report for up to 7 years. These laws are in Section 20.05 of the Texas Business & Commerce Code and Section 1681c, Title 15 of the U.S. Code.
If there is an error on your credit report, you can ask the credit reporting agency to fix it. See the Disputing Credit Errors page of our Credit Reports guide for more information about this process.
Are there any exceptions?
If your eviction case was dismissed under the Texas Eviction Diversion program, the court must keep your record sealed from the public.
The Texas Eviction Diversion program was briefly in place during the COVID-19 pandemic to help qualifying renters. This program no longer exists.
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Disclaimer: The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.
Last updated January 19, 2024