March 28, 2023

As of March 8, the Judiciary Committee has begun considering LB175, which could help many struggling people to obtain housing more quickly. The bill would automatically seal the court record after a trial court dismisses eviction proceedings against a tenant.

LB175 would help individuals suffering from eviction judgments. For example, it would provide a cause of action permitting tenants to pursue Clean Slate relief three years after an eviction judgment. However, the tenant must have paid all restitution to qualify. It also affects anyone subjected to eviction actions that ended in a dismissal with the record remaining public, did not get carried out, or resulted in a vacated or reversed judgment.

Currently, evictions will appear on your record even after dismissal. For example, evictions dismissed years ago could still appear in your record, making it difficult to find housing. For many, this practice has proven unfair, especially concerning evictions that started but ended without landlords following through. Passing this bill would seal these eviction records. As a result, tenants would no longer have harmful information preventing them from acquiring housing. Such information includes judicial actions that did not result in evictions.

Until the bill passes, the eviction notices will stay on your record. Unfortunately, this includes eviction notices filed incorrectly or dismissed before making it to court. Additionally, cases that reach court often end with stipulations that tenants must accept. Once this happens, the attorney for the property owner often dismisses or vacates the eviction. However, the eviction will still appear on your permanent record.

If you have experienced an eviction, you know that getting housing has become complicated. Knowing the troubles that follow an eviction, many people tolerate poor living conditions or illegal lease terminations. They accept these issues to avoid evictions and the long-term consequences that come with them. Passing LB175 would improve many individuals’ chances of getting housing. It would also encourage them to exercise their rights in their current accommodation.

This bill’s future remains uncertain, so anyone with evictions should monitor LB175’s progress. Should it pass, anyone eligible should pursue the Clean Slate relief. Before and after it passes, you should consider running self-background checks. Running this check will inform you whether evictions appear on your records.

Do not let surprises deny you housing or employment opportunities. Run a Background Check today!

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