An eviction in Texas leaves two footprints, and they are cleared in different ways. This article covers both: the screening-report entry that private companies compile and sell to landlords, and the court file created when a landlord files a forcible-detainer suit. It explains how long each lasts, when it can be corrected or removed, and what the law does and does not allow. It is part of the reference on Texas tenant rights under the Property Code.
The two records an eviction creates
When a Texas landlord evicts a tenant through the courts, the case is a “forcible detainer” suit filed in the justice court for the precinct where the property sits, under Tex. Prop. Code Chapter 24. That filing generates a public court record with the case number, the parties, and the outcome.
Separately, tenant-screening companies (a type of consumer reporting agency) collect eviction filings and judgments from court data and sell them to landlords in screening reports. This is the record that most often blocks a future rental, and it is governed by federal law rather than Texas eviction law. The court file exists whether the case was an ordinary lease dispute or an unauthorized-occupant case handled under the rules for squatters’ rights and removal in Texas; the record-clearing rules described here apply the same way.
The distinction matters because the two records answer to different rules. The court record is controlled by Texas courts and the Texas Rules of Civil Procedure. The screening record is controlled by the federal Fair Credit Reporting Act (FCRA), codified at 15 U.S.C. § 1681c and following sections. Clearing one does not automatically clear the other.
How long an eviction stays on a screening report
Under 15 U.S.C. § 1681c, a consumer reporting agency may not report civil suits and civil judgments that, from the date of entry, predate the report by more than seven years. An eviction suit and any money judgment fall within that category, so a screening company generally stops reporting the eviction seven years after the judgment date.
The seven-year limit is a maximum reporting period, not a deadline the tenant has to trigger. No form or petition is required for the entry to age off. The screening record simply stops showing the eviction once it crosses the seven-year line, assuming the company follows the law.
Disputing an inaccurate eviction entry
Screening reports contain errors: evictions that were dismissed, cases that ended in the tenant’s favor, filings attributed to the wrong person, or judgments listed against a tenant who was never actually evicted. The FCRA gives a right to dispute any inaccurate or incomplete entry.
Under 15 U.S.C. § 1681i, once a consumer notifies a reporting agency of a dispute, the agency must, free of charge, conduct a reasonable reinvestigation and either verify or delete the disputed item, generally within 30 days of receiving the dispute. If the information cannot be verified, the agency must remove it.
Get the screening report and identify the error
A tenant is entitled to see the report a screening company holds. Compare the eviction entry against the actual court outcome. Note anything wrong: a dismissal shown as a judgment, a case that was nonsuited, a mismatched name or address, or an entry older than seven years.
File a written dispute with the screening company
Send the dispute to the consumer reporting agency that produced the report, describing the error and attaching proof, such as a court docket printout or dismissal order. The agency then has a reinvestigation duty under 15 U.S.C. § 1681i.
Wait for the reinvestigation result
The agency generally completes its reinvestigation within 30 days and reports back. Information it cannot verify must be deleted, and a corrected report is furnished to anyone who recently received the old version.
The Consumer Financial Protection Bureau maintains a plain-language explanation of what a tenant screening report is and how to dispute errors in it. A dispute corrects inaccurate data; it does not remove an eviction that was accurately reported.
Removing the public court record
The court file is separate from the screening report, and Texas treats it as a public record. Texas has no statute that expunges or automatically seals a residential eviction judgment, unlike the criminal expunction process in the Code of Criminal Procedure. Removal of the civil eviction record turns on the outcome of the case itself.
Three situations change what the public record shows:
- The tenant won or the case was dismissed. If the justice court ruled for the tenant, or the landlord dropped the suit, the record reflects that outcome. The filing still exists, but there is no judgment of eviction against the tenant.
- The judgment was vacated on appeal. A tenant who appeals to county court gets a new trial, and a judgment there in the tenant’s favor replaces the justice court result.
- The record is sealed under the court-record sealing rule. Texas Rule of Civil Procedure 76a sets a demanding standard for sealing civil court records, presuming that court records are open to the public. Sealing an eviction record under this rule is uncommon and requires a motion, notice, and a hearing.
Appealing an eviction to change the record
Because removal of the court record often depends on the outcome, the appeal window matters. A tenant who loses in justice court can appeal to the county court, where the case is tried again from the start. The appeal is also the main way to delay an eviction in Texas through hardship stays and appeals, and the same five-day deadline controls both.
Under the Texas Rules of Civil Procedure governing eviction appeals, a tenant has five days after the justice court signs the judgment to file an appeal, by posting an appeal bond, paying cash in lieu of bond, or filing a sworn statement of inability to pay under Texas Rule of Civil Procedure 510.9. Missing that five-day deadline generally makes the justice court judgment final.
A tenant who cannot pay the bond or the rent deposit may still appeal by filing a Statement of Inability to Afford Payment of Court Costs, which the rule allows in place of a bond. The county court reviews the case anew, and a judgment there for the tenant supersedes the justice court result that would otherwise define the record.
What if the eviction was filed but never resulted in a judgment
Many eviction filings never reach a judgment against the tenant. The case may be dismissed, settled, or nonsuited when the tenant moves out or pays. The filing itself is still a public record, and some screening companies report the mere filing.
When a screening report treats a dismissed or nonsuited filing as though it were an eviction judgment, that is an inaccuracy the FCRA dispute process in 15 U.S.C. § 1681i can address. The tenant supplies the dismissal or nonsuit order, and the reporting agency must reinvestigate and correct the entry if it cannot verify a judgment. The court filing does not disappear, but the report should stop describing an eviction that never happened.
Frequently asked questions
Does Texas have an eviction expungement law?
No. Texas has an expunction process for certain criminal records under the Code of Criminal Procedure, but there is no equivalent statute for civil eviction judgments. Removal of an eviction from the public court record generally depends on the case outcome, an appeal, or the narrow sealing standard in Texas Rule of Civil Procedure 76a.
How long does an eviction stay on my record in Texas?
On a tenant-screening report, an eviction suit or judgment generally cannot be reported more than seven years after the date of entry, under 15 U.S.C. § 1681c. The public court record itself has no automatic expiration; it remains on file with the justice court unless sealed or altered by the case outcome.
Can I get an eviction removed if the case was dismissed?
The court filing remains, but a dismissal means there is no eviction judgment against the tenant. If a screening company reports a dismissed case as a judgment, that is an inaccuracy the tenant can dispute under 15 U.S.C. § 1681i, which requires the agency to reinvestigate for free and delete information it cannot verify.
How do I fix a screening report that lists the wrong eviction?
Send a written dispute to the consumer reporting agency that produced the report, with proof such as the court docket or dismissal order. Under the Fair Credit Reporting Act, the agency must reinvestigate, usually within 30 days, and correct or remove information it cannot verify. The Consumer Financial Protection Bureau explains the tenant screening dispute process.
Is there a deadline to appeal a Texas eviction?
Yes. A tenant has five days after the justice court signs the eviction judgment to perfect an appeal to county court by bond, cash deposit, or a sworn statement of inability to pay, under Texas Rule of Civil Procedure 510.9. A successful appeal replaces the justice court judgment with the county court result.
Sources
- Tex. Prop. Code Chapter 24 (Forcible Entry and Detainer)
- 15 U.S.C. § 1681c (FCRA, Requirements Relating to Information Contained in Consumer Reports)
- 15 U.S.C. § 1681i (FCRA, Procedure in Case of Disputed Accuracy)
- Texas Rules of Civil Procedure (Rules 76a and 510.9)
- CFPB: What is a tenant screening report?