Can an Eviction Be Removed From Your Record in Texas?

The short answer: according to the Texas State Law Library, Texas does not have a process to remove or seal an eviction from your record. That is mostly true even if the case was dismissed, or if you won.

Why the record stays.

Eviction cases in Justice of the Peace courts are public court records. Under Rule 76a of the Texas Rules of Civil Procedure, court records are presumed to be open to the general public, and anyone can look them up through a court records search. Court records cannot be removed or sealed, except in certain circumstances described in Rule 76a, or if the case was dismissed under the Texas Eviction Diversion program. That program was in place briefly during the COVID-19 pandemic and no longer exists. The State Law Library says Texas currently has no other rules or laws on sealing eviction records.

Who can find it.

A landlord can find a past eviction by running a background check, searching eviction court records, or using a tenant screening service.

Credit reports and screening reports.

Under state and federal law, negative information can stay on your credit report for up to 7 years. A tenant screening report is a separate thing from a credit report, and it may show court records. You can ask for a copy of each of your reports and look for mistakes. You can get your credit reports for free at AnnualCreditReport.com. If you find an error, ask the company that made the report to fix it. Exactly how an eviction appears can vary, so it's worth checking your own reports rather than guessing, and an advocate can help.

What you can do.

Keep copies of any papers that show how your case ended, such as a dismissal order, a judgment, a settlement agreement, or proof that you paid. When you apply for housing, be ready to explain what happened in plain words and offer those papers. NeighborSTAND has a letter of explanation builder under your case that can help you write one. Our articles on rebuilding your rental history and on finding second-chance housing have more ideas.

If you want help finding out what is on file, or you're not sure how a record affects you, reach out to a legal aid advocate. NeighborSTAND's Resources directory lists legal aid groups. Rules can change, and the State Law Library's page was last updated in January 2024, so it's worth confirming the current rules with an advocate.

Read the source yourself.

This is the answer from the Texas State Law Library's website. Tap the picture to open the page.

Open the Texas State Law Library page