Sealing an Eviction Record in New Jersey: A Renter’s Guide

Having an eviction on your record in New Jersey can make it much harder to rent a home or apartment in the future. Fortunately, some renters may be eligible to seal their eviction records—removing them from public view and landlord screenings. Understanding the process and knowing your rights under New Jersey law can help you take control and move forward.

Understanding Eviction Records in New Jersey

When a landlord files an eviction case (officially called a "summary dispossess" action) against you, the court keeps a record—even if the case is dismissed or decided in your favor. Sealing an eviction record means that the public, including most landlords and property managers, can't access details of that case.

When Can an Eviction Record Be Sealed?

Under current New Jersey law, tenants can request to have certain eviction records sealed. The most common circumstances where sealing is possible include:

• The case was dismissed or resolved in your favor
• The eviction was filed during the COVID-19 public health emergency and meets requirements under P.L. 2021, c.188 (S3691)
• You were evicted for nonpayment due to COVID-related hardship

If your eviction case does not fit these circumstances, sealing may not be available. However, New Jersey courts are required to seal qualifying records upon request under these rules.

How to Request Sealing of an Eviction Record

To seal your eviction record, you must formally submit a request to the court that handled your eviction case. This involves completing a specific application form and following court procedures. The relevant court is the New Jersey Superior Court, Special Civil Part, Landlord-Tenant Section.

Official Forms for Sealing an Eviction Record

• Application to Seal a Landlord/Tenant (Eviction) Record (CN 12438): This form allows you to formally request sealing. Use it if your eviction falls under the circumstances described by law.
  Download the Application to Seal a Landlord/Tenant (Eviction) Record
  Example: If you were evicted for nonpayment in 2021 due to COVID-19 hardship, you may fill out this application and submit it to the court that entered the eviction judgment.

How to Submit Your Application

• Complete the Application to Seal a Landlord/Tenant (Eviction) Record (Form CN 12438).
• File it with the court clerk in the courthouse where your eviction case was heard.
• Mail a copy to your former landlord or their attorney.
• If you have documents showing you are eligible (such as proof of COVID-19 hardship), include them with your application.

After you submit your application, the court will review your case and may schedule a hearing. If the court grants your request, the eviction record will be sealed. You will receive an order stating this.

What Happens After an Eviction Record Is Sealed?

Once sealed, your eviction record is no longer accessible to the public—including most landlords and tenant screening agencies. Certain government agencies may still have access, and sealing does not remove the record from all databases, but it protects your privacy in everyday renting situations.

Sealing does not remove outstanding debts or money judgments resulting from an eviction. If you owe money to your landlord, you may need to address that separately.

Relevant New Jersey Laws and Authorities

• New Jersey Statutes Annotated, Title 2A - Administration of Civil and Criminal Justice
• Superior Court of New Jersey - Landlord-Tenant (the official tribunal for eviction cases)
• P.L. 2021, c.188 (S3691) - COVID-19 Emergency Eviction Relief Act

Rights and Limitations

It's important to know:

• Sealing only applies to court records. Private screening companies may take time to update their data.
• Sealing does not guarantee approval for every future rental, but it removes a major barrier.
• The court will not notify landlords or agencies; you may want to keep the sealing order for your records.

In summary, while the process is straightforward, it’s crucial to follow the steps carefully and use the correct forms for your case.

Frequently Asked Questions

1. Who is eligible to have an eviction record sealed in New Jersey?
   Tenants whose cases were dismissed, resolved in their favor, or involved COVID-19 hardships as outlined in state law may qualify.
2. What if my eviction was not related to COVID-19?
   You may still be eligible if your case was dismissed or resolved in your favor, but evictions for other reasons are less likely to qualify for sealing.
3. How long does it take to seal an eviction record?
   If the paperwork is in order, courts usually decide within a few weeks, but timing can vary.
4. Does sealing the record clear any debts or judgments I owe?
   No, sealing blocks public access to the eviction record but does not erase debts or financial judgments resulting from the case.
5. Where can I get help with my application?
   You can reach out to county legal aid, the New Jersey Superior Court, or tenant advocacy groups for guidance.

Key Takeaways

• New Jersey renters can often seal eviction records if their case qualifies under current laws.
• Use the official Application to Seal form and submit it to the Special Civil Part where your case was heard.
• Sealed records protect you from most tenant screenings, improving future rental opportunities.

Knowing your rights and taking timely action can make a big difference in your rental future.

Need Help? Resources for Renters

• NJ Courts Landlord/Tenant Self-Help Center
• Legal Services of New Jersey – Eviction Sealing Information
• NJ Department of Community Affairs – Tenant Information
• Call the NJ Superior Court Landlord-Tenant Section: Find your local contact here

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1. Superior Court of New Jersey – Landlord-Tenant Section
2. New Jersey Statutes Title 2A
3. P.L. 2021, c.188 (S3691) – Emergency Eviction Relief
4. NJ Courts Landlord/Tenant Self-Help Center

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