Historically, all eviction filings, even if they did not result in an eviction, became part of certain resident screening reports and credit reports. Even if a resident paid their outstanding rent to an accepting property owner before a court hearing, the eviction filing still appeared when future resident screening was conducted with certain vendors. Unsurprisingly, many residents are inspired to pay their rent and any relevant penalties after receiving a court notice of an eviction filing and the prospect of potentially being evicted from their homes. This popular resident practice is known in the rental housing industry as a “pay and stay.”
In 2022, the Indiana General Assembly passed a law allowing eviction filings to be sealed under certain limited circumstances in which the eviction filing did not ultimately result in the issuance of an eviction order by a court. When an eviction filing is “sealed,” it is hidden from public record and must be treated as if the eviction filing never occurred.
Under Ind. Code § 32-31-11-3, a resident’s eviction records may be sealed if:
- The eviction action is dismissed, either by the property owner or the court;
- The tenant wins the eviction case, so no eviction order is issued; or,
- The tenant initially loses the eviction case, but the judgment is later overturned or vacated on appeal.
In 2025, the Indiana General Assembly passed another law intended to make it easier to seal evictions that are eligible to be sealed. Senate Bill 142, which has an effective date of July 1, 2025, expands upon the changes that were made to Ind. Code § 32-31-11-3 in 2022. The changes made in 2025 require that the court in which an eviction was filed order operator of case management systems not to disclose records in the eviction case when these criteria apply:
- A judgment is entered by the court against the tenant, AND:
a. There was a money judgment that the tenant has satisfied; OR
b. The final judgment did not have a money judgment and at least seven (7) years have passed since the entry of the judgment.
In addition to providing the order to the operator of case management systems, the court is required to redact or permanently seal their own records related to the eviction action. Unlike under previous law, the court can do all of this without a hearing. It is important to note that eviction records are not eligible to be sealed in cases where there is an unpaid money judgment, so this law incentivizes former tenants to pay off outstanding money judgments.
When a case is sealed, the case filing should no longer appear in resident screening reports or other case searches. However, if a resident claims a previous eviction filing against them has been sealed yet the filing appears on the resident screening report, the property should request documentation, such as a court order, from the prospective resident that the case was sealed.
Indiana law also contains other requirements to ensure eviction filings are being pursued in a timely manner. Under Ind. Code § 32-31-10-4 requires the property owner in an eviction case for possession to file a dismissal if the case is resolved before a court issues a final judgment unless the property owner is seeking damages. This should be done by your attorney. Additionally, if no action is taken on a case for 180 days or more, the court will notify the property owner or their attorney, after which time the property owner has ten days to respond. The property owner or their attorney can dismiss the case (and re-file at a later time, if needed) or prosecute the case. If the property owner takes no further action after ten days, the court may dismiss the case and assess a fine of $10 against the plaintiff. A case that is dismissed under such circumstances becomes eligible to be sealed.
Keywords: hiding eviction, expungement, expunge