Sealing an Eviction Record in Alabama: A Renter’s Guide
If you’re a renter in Alabama with an eviction on your record, you may worry about how it affects your future housing options. Many landlords and property managers use eviction records in their screenings, which can make it harder to rent a new home. Fortunately, Alabama’s laws offer limited but important opportunities to seal an eviction record in certain cases. This guide explains how sealing works in Alabama, which forms you need, and the steps to take for a fresh start.
Understanding Eviction Records in Alabama
An eviction record is a public record showing that an eviction case was filed against you in court. Even if the case was dismissed or decided in your favor, it may still appear on background checks. In Alabama, landlords and tenant screening companies often access these records when you apply for rental housing, so clearing your record can make a big difference.
When Can You Seal an Eviction Record in Alabama?
Alabama law currently permits sealing certain eviction records only in specific circumstances, primarily when the case was dismissed or you won in court. Sealing means the record is no longer visible to the public or future landlords.
- Eviction was dismissed: If the court dismissed your case, you may ask to seal the record.
- Judgment in your favor: If the judge ruled for you (the tenant), you may qualify.
- You settled with the landlord: A judge may consider sealing if you and the landlord agree to do so as part of the settlement.
- Cases of mistaken identity or filing error: If you were wrongly named in the case.
The court generally does not seal eviction records where there was a judgment against the tenant, except in exceptional circumstances.
Who Handles Eviction Records in Alabama?
Residential eviction cases in Alabama are handled in Alabama District Courts. The official legislation governing landlord-tenant matters is the Alabama Uniform Residential Landlord and Tenant Act (Code of Alabama, Title 35, Chapter 9A).[1]
How to Seal an Eviction Record in Alabama: Step-by-Step
To request sealing, you must submit a formal petition to the court where your eviction case was filed. Below are the key steps and required forms.
Step 1: Obtain Your Case Information
- Visit the District Court that handled your eviction or use the Alabama Public Access System to locate your case file number and details.
Step 2: Complete the Petition to Seal
- Form Name: Petition to Seal Eviction Record
- Form Number: Local form (varies by county; check with your District Court clerk)
- How It’s Used: Submit this form explaining why you qualify for sealing (e.g., dismissed, in your favor).
- Official Source: Request from your local District Court clerk. Not all counties provide standardized downloadable forms, but the clerk can supply what is needed.
Tip: Attach the court order or judgment showing why your case qualifies for sealing, such as dismissal paperwork.
Step 3: File the Petition at the Correct Court
- Take your completed petition and supporting documents to the clerk’s office of the District Court where your eviction was filed.
- Ask if a filing fee applies. In some instances, fees may be waived for those who can’t afford them (see below).
Step 4: Request a Fee Waiver (Optional)
- Form Name: Affidavit of Substantial Hardship and Order (Form C-10A)
- How It’s Used: If you cannot pay the filing fee, complete and submit this form to ask the court to waive the cost.
- Download the official Affidavit of Substantial Hardship and Order (Form C-10A)
Step 5: Attend Your Court Hearing
- The court may set a hearing to review your petition. Bring all evidence and be ready to explain your reasons for sealing.
If the judge approves, your eviction record will be sealed, protecting your privacy and housing opportunities.
What Happens After Sealing?
Once sealed, your eviction case is no longer accessible to the public, landlords, or tenant screening companies. The record will still exist in the court system but will not be part of routine background checks. This gives many renters a second chance to secure stable housing.
FAQ: Sealing Alabama Eviction Records
- Can I seal an eviction if I lost the case in Alabama?
In most cases, you cannot seal an eviction that ended in a judgment against you unless special circumstances apply. Alabama generally allows sealing only if the case was dismissed or decided in your favor. - How long does it take to seal an eviction record?
The process can take a few weeks to several months, depending on your court’s schedule and whether a hearing is set. - Will sealing my eviction record remove it from credit reports?
Sealing an eviction record only affects the public court record. If the eviction impacted your credit, you must address that separately with the credit bureaus. - Do I need a lawyer to petition for sealing?
You are not required to have a lawyer, but legal assistance is often helpful—especially if you are unsure why you qualify or how to prepare your paperwork. - Does sealing apply to all types of landlord-tenant disputes?
Sealing typically applies only to eviction (unlawful detainer) cases, not to other civil disputes between landlords and tenants.
Conclusion: Key Things to Remember
- Sealing an eviction record in Alabama is usually possible only if your case was dismissed or ruled in your favor.
- You must file a petition with the District Court using the correct form and may request a fee waiver if needed.
- Once sealed, the eviction is no longer visible to future landlords in background checks.
With careful preparation and by using official resources, Alabama renters can take positive steps toward removing the barriers a public eviction record can create.
Need Help? Resources for Renters
- Alabama District Courts – Find your local court and contact the clerk for forms and instructions
- State of Alabama Official Website – For government services and legal updates
- Legal Services Alabama – Free or low-cost legal help for qualifying tenants
- Alabama Uniform Residential Landlord and Tenant Act – For reference legislation
- Alabama Uniform Residential Landlord and Tenant Act; see also official court process at Alabama District Courts
- Affidavit of Substantial Hardship and Order (Form C-10A)
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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