How to Seal an Eviction Record in Texas: A Renter’s Guide

If you’ve faced eviction in Texas, you might worry about its impact on future housing. Many renters aren’t aware that, under certain conditions, you can seal your eviction record so that landlords and the public can’t easily access it. Understanding this process can give you a fresh start and improve your chances the next time you apply for a home.

Understanding Eviction Records in Texas

In Texas, eviction filings—also called "forcible entry and detainer" suits—are public records, meaning landlords or anyone can check your history through county court databases. However, state law allows eligible renters to ask the court to seal these records if the case meets certain criteria.

What Does Sealing an Eviction Record Mean?

Sealing your eviction record means the details of your case become hidden from public view. Potential landlords and tenant screening companies will not see a sealed eviction when they check your background.

Who Can Seal an Eviction Record?

• Your eviction case was dismissed by the court.
• You won your case (judgment for the tenant).
• You and your landlord agreed in writing to seal the record after resolving the case.
• Certain situations involving COVID-19 related evictions may also qualify.

If there was a default judgment against you (meaning you lost for not appearing in court), the record may be harder to seal, but it is still possible under limited circumstances. Always review the Texas Property Code, Chapter 24 (Eviction) for eligibility details.^[1]

Step-by-Step: How to Request Sealing of an Eviction Record

Here’s how most Texas renters can start the process. Be sure to verify exact local procedures with the court in the county where your eviction occurred.

1. Find Out If You Qualify

• Check your case status—is it dismissed, or did you win?
• Review the court's records or ask the clerk for details.
• If unsure, consult with legal aid or the Texas Courts website.

2. Complete the Required Form

• Form Name: Motion to Seal Court Records of Eviction Case
  When/How Used: Use this form to formally ask the justice court to make your eviction record inaccessible to the public. For example, if your case was dismissed last year, you’d fill out this form and file it with the justice court that handled the case.
  Download the Motion to Seal Court Records of Eviction Case

Include your case number, court location, information about the landlord/plaintiff, and why you believe the record should be sealed.

3. File the Motion With the Court

• File your completed motion with the same justice court where your eviction was heard.
• Check with the clerk about filing fees—some counties may waive fees if you qualify.
• The court may set a hearing date. Be ready to explain your situation and answer questions.

4. Attend the Hearing (If Required)

The judge will review your motion and may ask questions. If the judge decides to seal your eviction record, you will receive a court order making your eviction sealed from public view.

5. Keep a Copy of the Court Order

If your eviction record is sealed, request a certified copy of the order for your personal records. You may need to show this to rental companies if they ask about past legal filings.

Which Tribunal Handles Eviction Record Sealing?

In Texas, eviction matters are handled by the Justice of the Peace Courts in each county.^[2] Any motion to seal, as well as hearings on the matter, take place at the same justice court where the eviction was first filed.

Relevant Texas Tenant Law

• Texas Property Code, Chapter 24 (Evictions and Forcible Entry and Detainer)
• Texas Government Code, Chapter 552 (Public Information Act)

These laws regulate eviction procedures and public court records in Texas.

FAQ: Sealing Eviction Records in Texas

1. Can I seal my eviction record if I lost my case?
   In most cases, sealing is only possible if your case was dismissed, you won at trial, or you reached a written agreement with your landlord. If a default judgment was entered against you, it is much more difficult but not impossible—consult your local court for guidance.
2. How long does the process to seal an eviction take?
   It can vary by county. Some motions are considered within a few weeks, especially if no hearing is needed, while others can take longer if a court date is scheduled.
3. Will landlords or background checks see my sealed eviction?
   No—when an eviction is sealed, it should not appear on rental background checks or to the general public.
4. Is there a fee to file the motion to seal?
   Some counties charge a small fee, but fee waivers are available if you have low income. Check with the clerk at your Justice of the Peace Court for details.
5. What if my motion to seal is denied?
   If denied, you can ask the court about appeal options or request help from legal aid for next steps.

Need Help? Resources for Renters

• Texas Courts: Eviction Self-Help Resources
• TexasLawHelp.org: Free Legal Forms and Help
• Justice of the Peace Courts Directory—find your local court contact information
• U.S. Department of Housing and Urban Development: Texas Renting Resources

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1. Texas Property Code, Chapter 24 (Evictions)
2. Justice of the Peace Courts in Texas

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