How Long Does an Eviction Stay on Your Record in Texas?
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Tenant screening reports — 7 years under FCRA
Tenant screening companies (RentGrow, Experian RentBureau, TransUnion SmartMove, Equifax, others) are Consumer Reporting Agencies under FCRA. Eviction information can be reported for 7 years from the date of filing under § 1681c(a). After 7 years, the eviction generally cannot be reported on tenant screening reports. Note: 7 years from filing, not from completion — so an eviction filed in 2018 cannot be reported after 2025 regardless of when the case concluded. The 7-year limit applies to private commercial tenant screening; landlords pulling court records directly can still see older cases.
Texas court records — permanent unless sealed
Texas eviction proceedings (forcible entry and detainer actions under Texas Property Code Chapter 24) create court records that are public records under the Public Information Act. The records remain accessible: JP court records — justice of the peace courts hear eviction cases under CCP Chapter 27; records permanent and publicly searchable through state and county portals. County court records — eviction appeals to county court at law create additional public records. Statewide search — Texas Judicial Branch website allows search across multiple courts. Landlords pulling court records directly (bypassing commercial tenant screening) can see eviction records older than 7 years. Sealing of eviction records is available under Property Code § 24.0061 in limited circumstances.
What appears on tenant screening reports
Tenant screening reports typically include: Eviction history — filing date, plaintiff (landlord), case number, disposition (judgment for landlord, dismissed, settled). Rental history — past addresses, dates, contact info for landlords. Credit information — credit score, accounts, collections, bankruptcies. Criminal history — convictions; pending charges in some reports. Identity verification — Social Security trace; name/address history. Employment verification — current employer in some reports. The specific components vary by tenant screening company and what the landlord requests.
Texas eviction process — what creates the record
Understanding what creates the record helps mitigate it. Texas eviction process: (1) Notice to vacate — landlord serves notice (typically 3 days for non-payment) under Property Code § 24.005. No court record yet. (2) Eviction lawsuit filing — landlord files forcible entry and detainer in JP court. This creates the court record. Even if the tenant pays up or moves out, the filing remains. (3) Eviction hearing — JP holds hearing typically 10-21 days after filing. (4) Judgment — landlord wins (most common), tenant wins, or settlement. (5) Writ of possession — issued if tenant doesn't vacate; constable forcibly removes. The record exists from filing — meaning even quickly-resolved cases that settled before judgment still appear.
Mitigating eviction record impact
Five strategies to mitigate eviction record impact. (1) Resolve before filing — work with landlord to pay overdue rent or arrange move-out before lawsuit is filed; no court record created. (2) Settle on the record — if filed, settle case with "dismissed" disposition rather than judgment for landlord; some screening reports treat dismissed cases more favorably. (3) File for sealing — Property Code § 24.0061 allows sealing of eviction records in limited circumstances (case dismissed, tenant prevailed, certain landlord-tenant disputes). (4) Build offsetting positive history — strong recent rental history, good credit, references can outweigh older eviction. (5) Apply to landlords who don't use commercial screening — private landlords, smaller rental operations, and roommate situations often don't use tenant screening companies.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long does an eviction stay on Texas tenant screening reports?
7 years from the filing date under FCRA (§ 1681c(a)). After 7 years, the eviction generally cannot be reported on commercial tenant screening reports. Court records remain public and accessible to landlords pulling records directly.
Can an eviction be removed from my Texas record?
Property Code § 24.0061 allows sealing of eviction records in limited circumstances — case dismissed, tenant prevailed at trial, or certain landlord-tenant disputes resolved in tenant's favor. Sealing removes the record from public access. Commercial tenant screening reports drop the record after 7 years regardless.
Does filing for bankruptcy remove an eviction?
No — bankruptcy filing does not remove eviction records. Bankruptcy may discharge underlying rent debt but does not affect the eviction record itself. The eviction record continues to appear on tenant screening reports for 7 years from filing regardless of bankruptcy status.
Will an eviction prevent me from renting again?
Makes renting harder but not impossible. Strategies: apply to private landlords who don't use commercial screening; build positive recent rental history; provide larger security deposit; co-signer; explain circumstances honestly to landlords; address underlying issues (employment, income stability); time since eviction reduces impact.
Does an eviction affect my credit score?
The eviction itself doesn't appear on credit reports — court judgments are no longer reported on credit reports as of 2017. However, unpaid rent debt sent to collections does appear on credit reports and affects credit score. Bankruptcy filings related to rent debt also appear on credit reports.
