Legal Q&A: Sealing Eviction Records 

Legal Q&A: Sealing Eviction Records 

Mark Zinman – Zona Law Group 

Question: I have a former resident that is contacting me about a judgment I obtained against them in an eviction action.  They are currently seeking housing elsewhere and they are asking us to submit a request to the courts to “seal the stipulation,” presumably in hopes that this will improve their chances of securing new housing.  Do I have to do this?   

Answer: You are under no obligation to seal an eviction record, merely because the tenant requested.  However, if you work out a payment plan, you could offer to vacate and seal the record as part of that, as a means to induce them to pay you.  If a tenant pays off an old judgment, you are required to satisfy the judgment.  This means that a judgment existed and it was paid off.  It shows on court records, but shows it was paid.  You can also vacate the judgment, meaning it wipes it away and it cannot be found on court records.  You have to do this if the judgment should never have been entered or if the case ended in the tenant’s favor.  Here, you have a valid judgment and the tenant has not paid it.  Therefore, you don’t have to satisfy it and you definitely don’t have to vacate it.  You are welcome to negotiate with them about vacating it, if they pay what you want, but even then it’s not required.