TL;DR: No. Texas does not have a legal process to expunge or seal eviction records, and that hasn’t changed in 2026. An eviction filing stays on your court record indefinitely and on tenant screening reports for up to 7 years — even if you won the case, even if the case was dismissed. The real question isn’t how to erase it. It’s how to get approved for your next apartment despite it.
I get this question at least twice a week. A renter calls, they’ve been Googling “how to get an eviction expunged in Texas” at 2 AM, and they’ve found a dozen articles telling them to “file a motion” or “petition the court” — advice that works in California or Illinois but is dead wrong in Texas.
I’ve been placing renters with evictions in Austin apartments for over six years. I hold TX Real Estate License #679806, and I work directly with property managers at 200+ Austin communities. Here’s what I know: the energy most people spend trying to remove an eviction from their record is better spent finding the right properties that will approve them anyway. That’s not a consolation prize — it’s the faster, cheaper, more realistic path to housing.
This article covers the actual legal landscape in Texas as of February 2026, what the 89th Legislature did (and didn’t do) about eviction records, and the practical strategies that get Austin renters approved — including how second chance apartments in Austin actually work.
What Texas Law Actually Says About Eviction Records
Texas is one of the least renter-friendly states when it comes to eviction records. Here’s the legal framework you’re working with:
Rule 76a of the Texas Rules of Civil Procedure establishes that court records — including eviction cases filed in Justice of the Peace courts — are “presumed to be open to the general public.” That’s the baseline. Everyone can see them: landlords, tenant screening companies, background check services, potential employers.
And there’s no statute that lets you undo it.
The Texas State Law Library puts it plainly: “Texas does not have a process to remove or seal an eviction from your record.”
That includes evictions where:
- You won the case
- The case was dismissed
- You paid everything owed
- The landlord agreed to drop it
The filing itself creates the record. The outcome doesn’t erase it.
The One Exception That No Longer Exists
During COVID, the Texas Eviction Diversion Program (TEDP) allowed courts to seal eviction records for cases dismissed through the program. It was a brief, temporary measure tied to pandemic emergency orders.
The program no longer exists. If your case was dismissed through TEDP, your record should remain sealed. But no new cases qualify, and the program isn’t coming back. For general eviction legal guidance, TexasLawHelp.org maintains up-to-date resources on tenant rights.
What Happened in the 2025 Texas Legislature
The 89th Texas Legislature (2025 session) addressed evictions — but not the way most renters hoped.
SB 38: Changed Eviction Procedures, Not Records
Senate Bill 38 was the big eviction bill that passed. Signed by the governor June 20, 2025, effective January 1, 2026. But here’s what it actually does:
- Speeds up eviction of squatters and unauthorized occupants
- Introduces a “summary disposition” process for clear-cut unlawful occupancy cases
- Standardizes notice requirements and court timelines
- Requires tenants to pay rent into the court registry during appeals
SB 38 has nothing to do with eviction record sealing or expungement. Zero. It’s a procedural bill designed to help landlords remove unauthorized occupants faster. The Texas State Law Library’s eviction process guide has been updated to reflect the new procedures for cases filed on or after January 1, 2026.
If anything, SB 38 makes the eviction process move quicker — which means more evictions get filed, more records get created, and more renters need to know what to do after one shows up on their screening report.
HB 2909: The Expungement Bill That Died
Here’s the bill that would’ve mattered. House Bill 2909, introduced March 2025, would have created two paths to eviction expungement in Texas:
- Court-ordered expunction if the eviction suit lacked sufficient legal or factual basis
- Tenant-requested expunction if the tenant maintained gainful employment for at least two years after a final eviction judgment
It also would have penalized landlords $1,000 in damages for considering expunged records in future rental decisions.
HB 2909 was filed by a single Democratic sponsor, referred to Trade, Workforce & Economic Development, and never got a committee hearing. It died without a vote.
This isn’t the first time Texas has tried. State Representative Terry Canales has filed eviction expungement bills at least twice before. Both failed. In a Republican-controlled legislature, eviction record reform hasn’t had the votes to advance.
The bottom line: As of February 2026, there is no mechanism — none — to expunge a standard eviction record in Texas.
Where Eviction Records Actually Show Up
Understanding where your eviction lives helps you figure out what you’re actually dealing with. It’s not just one record in one place.
| Record Source | What It Shows | How Long | Can You Remove It? |
|---|---|---|---|
| JP Court Records | Case filing, judgment, outcome | Indefinite (public record) | No (except TEDP dismissals) |
| Credit Report | Collections/judgments tied to eviction debt | Up to 7 years | Only through debt resolution + dispute |
| Tenant Screening Reports (LexisNexis, CoreLogic, etc.) | Court filing, outcome, associated debt | 7-10 years typically | Dispute errors; cannot remove accurate info |
| Background Check Companies | Court case filing | Varies by vendor, up to 7 years | Dispute inaccurate entries only |
The JP court record is permanent. The credit and screening report entries age off. That distinction matters a lot for your strategy.
What You CAN Dispute
You can’t remove accurate eviction information. But you can — and should — dispute inaccurate information. Under the Fair Credit Reporting Act, you’re entitled to one free copy of your tenant screening report annually, and you have the right to dispute anything that’s wrong.
Common errors I see with clients:
- Eviction shows as “judgment for landlord” when it was actually dismissed
- Debt amounts that don’t match what was actually owed
- Eviction attributed to the wrong person (identity mix-up, common with similar names)
- Eviction showing from an address you never lived at
- Status not updated after you paid the judgment in full
Request your LexisNexis Resident History Report at personalreports.lexisnexis.com and check it before you start applying. Fixing an error takes 30-45 days. Finding out about it after you’ve been denied costs you application fees you can’t get back.
The Limited Legal Options That DO Exist in Texas
Even without a formal expungement process, there are a few narrow legal paths worth knowing about. None of them are guaranteed. None of them are fast. But some renters qualify.
Motion to Vacate the Judgment
If you lost your eviction case and believe there were legal errors — improper service, no notice to vacate, or you weren’t properly informed of the court date — you can file a Motion to Vacate the Judgment with the JP court that handled the case.
This doesn’t erase the filing. But it can change the outcome on the record from “judgment for landlord” to “vacated” — which some screening companies and landlords view differently.
Filing fees: $50-$300 depending on the court and county. You’ll need documentation supporting your claim.
Negotiated Agreement with Former Landlord
If you settle all outstanding debts with your former landlord, you can sometimes negotiate for them to:
- File a Motion to Dismiss (if the case is still pending)
- Provide a “satisfaction of judgment” letter (if judgment was already entered)
- Write a reference letter explaining the resolution
None of this removes the record. But a paid judgment looks materially different than an unpaid one when a property manager is reviewing your application. If you have active property debt from a broken lease or eviction and need help understanding your options, I wrote a separate guide on how to get a broken lease off your rental history.
If you need legal help navigating a landlord negotiation, Texas RioGrande Legal Aid offers free eviction counseling for qualifying Austin renters, and the Austin Tenants Council can connect you with tenant rights resources through the City of Austin.
Rule 76a Sealing (Extremely Rare)
Under Rule 76a of the Texas Rules of Civil Procedure, you can petition to seal court records — but the standard is extremely high. You’d need to demonstrate that your specific privacy interest outweighs the public’s presumed right to open records.
In practice, this almost never succeeds for eviction records. It’s expensive to pursue (attorney fees, filing fees, hearing costs) and the outcomes are unpredictable.
I don’t recommend this route unless you’re working with an attorney who has specific experience winning 76a motions in JP courts. And even then, manage expectations.
Not sure which legal path (if any) applies to your situation? Call me at 512-320-4599 — I can’t give legal advice, but I can tell you whether pursuing a legal remedy or targeting the right properties is the faster route to housing based on your specific eviction details.
What Actually Works: Getting Approved with an Eviction on Your Record
Here’s where I shift from the legal theory to the operational reality. Because the truth is, most renters with evictions in Austin aren’t going to get their records expunged. What they need is an approval.
I track screening criteria across 200+ Austin communities. Here’s how eviction approvals actually work:
Eviction Approval by Type and Timeline
| Eviction Status | Lookback Period | Market Access | Typical Requirements |
|---|---|---|---|
| Filing only (dismissed/settled) | 3-5 years | Moderate (40-50% of market) | Explanation letter, proof of dismissal, 600+ credit |
| Judgment (unpaid) | 5-7 years minimum | Very limited (5-10% of market) | Third-party guarantee mandatory, 600+ credit, 3x income |
| Judgment (paid/satisfied) | 5-7 years | Limited (20-30% of market) | Proof of payment, third-party guarantee may be required |
| Multiple evictions | 7-10+ years | Extremely limited (1-3 communities) | Third-party guarantee mandatory, one month deposit minimum |
The age of your eviction is the single biggest variable. An eviction from 2019 is a different conversation than one from 2024.
How Property Classes Handle Evictions
Not all Austin apartment communities treat evictions the same. Property class — driven by age, rent level, and management style — determines your real options.
| Property Class | Age | Rent Range | Eviction Policy |
|---|---|---|---|
| Luxury / Class A+ | 0-5 years | $2,000-$3,500+ | Auto-decline evictions. Rare exceptions even with strong credit but maybe 1-2 that we work with. |
| Class A | 5-15 years | $1,500-$2,200 | Evictions 7+ years may be reviewed case-by-case. Third-party guarantee at a handful of communities |
| Class B | 15-30 years | $1,100-$1,600 | Evictions 5+ years reviewed. Third-party guarantee often accepted. |
| Class C | 30+ years | $800-$1,200 | Case-by-case review common. More flexibility with income/credit offsets. |
| 2nd Chance | Varies | $1,000-$1,800 | Accepts recent evictions with third-party guarantee. Highest deposit requirements. |
Here’s what most people don’t realize: Second-Chance properties aren’t the cheapest option. They often charge equal to or higher rent than Class C properties. A Second-Chance property accepting a 2-year-old eviction might charge $1,400 for the same floor plan a Class C property with stricter screening charges $1,100 for. The higher rent is a risk premium — you’re paying for the flexibility.
If your credit is 580+ and your eviction is 5+ years old, you may be better off targeting Class B or Class C properties where you exceed the minimum requirements and pay less rent. I break down how credit score affects your options in more detail on our bad credit apartments in Austin page.
The Third-Party Guarantee: Your Most Powerful Tool
When an eviction creates property debt (unpaid rent, broken lease fees, damage charges), the third-party guarantee is usually the only path to approval.
Here’s how it works:
- You pay a fee to a guarantee company (typically one month’s rent — $1,000-$1,500)
- The company acts as an insurance policy for the apartment community
- The community accepts you because their financial risk is covered
- Your income requirement drops from 3x rent to 2.5x rent
So for a $1,400/month apartment, you’d normally need $4,200/month income. With a third-party guarantee, that drops to $3,500.
The fee is non-refundable and charged per lease term. It’s not cheap. But compare it to burning $50-$75 per application at 8-10 properties that auto-decline you. That’s $400-$750 in fees with zero housing to show for it.
Which properties accept third-party guarantees?
| Property Class | Acceptance Rate |
|---|---|
| Luxury / Class A+ | 5-10% |
| Class A | 30-40% |
| Class B | 60-70% |
| Class C | 80-90% |
| Second-Chance | 95%+ |
If you need a third-party guarantee, you need someone who knows which specific properties accept them. That’s what I do. Call me at 512-320-4599 and we can walk through your situation in about 10 minutes.
The Credit Score Factor Most Renters Overlook
Your eviction record doesn’t exist in isolation. Your credit score determines how much of the Austin apartment market is available to you — and what kind of offsets you need.
| Credit Score | Market Access (with eviction) | Strategy |
|---|---|---|
| 650+ | 30-40% of market if eviction is 5+ years old | Target Class A/B properties. Eviction age is your asset. Strong credit offsets the record. |
| 600-649 | 20-30% of market | Class B and some Class C. Third-party guarantee likely needed for evictions under 5 years. |
| 570-599 | 10-20% of market | Class C and Second-Chance. Third-party guarantee required for most. |
| 550-569 | 5-10% of market | Second-Chance only. Third-party guarantee mandatory. Higher deposits. |
| Below 550 | 1-3 specific communities | Extremely limited. Third-party guarantee mandatory. May need maximum income to offset. |
The combination of eviction + low credit is where options get tight. If you’re also dealing with a felony on your record, the math gets even harder — but there are still paths. If your eviction is under 2 years old and your credit is below 550, I can think of maybe one or two communities where I could get you approved. That’s the honest answer — and it’s better than wasting $300 in application fees discovering it the hard way.
5 Mistakes Austin Renters Make After an Eviction
1. Chasing Expungement Instead of Approval
I’ve talked to renters who spent months and hundreds of dollars trying to get their Texas eviction expunged before realizing it’s not possible. That time and money would’ve been better spent finding the right property and building the strongest application possible.
2. Applying Blind at Properties That Auto-Decline
Big listing sites — Zillow, Apartments.com — don’t tell you screening criteria. They show you pretty photos and a price. You apply at a Class A property with a 2-year-old eviction, get denied, lose your $75 application fee plus $250 admin fee, and you’re out $325 with nothing.
You do that three times and you’ve spent almost $1,000 that could’ve gone toward your deposit at a property that would’ve approved you. I wrote a full breakdown of how to actually rent with an eviction on your record — it covers the application strategy in much more detail.
3. Not Checking Their Screening Reports First
Order your LexisNexis report and pull your credit before you apply anywhere. Know exactly what the property manager is going to see. If there are errors — and I see errors on about 1 in 5 reports — dispute them first. Getting denied because of inaccurate information is the most preventable failure in this process.
4. Hiding the Eviction Instead of Addressing It
Some renters don’t disclose their eviction, hoping it won’t show up. It always shows up. Property managers run screening reports on every applicant. When they find something you didn’t mention, it signals dishonesty — and that’s often worse than the eviction itself.
Address it upfront. Provide a brief explanation letter covering your situation. Show proof you’ve paid any outstanding debts. Offer additional deposit if you can.
5. Not Understanding the Difference Between Filing and Judgment
An eviction filing (case opened but dismissed or settled) is treated very differently than an eviction judgment (court ruled for the landlord). Some renters tell me “I have an eviction” when what they actually have is a dismissed filing. That distinction can open up 3-4x more options.
Check your court records at the JP court where the case was filed, or search Texas Judicial Branch Case Search. Know exactly what your record says before you start your search.
Eviction Expungement in Texas: Your Questions Answered
Can you get an eviction expunged in Texas in 2026?
No. Texas has no legal mechanism for eviction expungement. HB 2909, which would have created an expungement process, died in committee during the 2025 legislative session without receiving a vote. The state law library confirms there is no process to remove or seal eviction records.
Does paying off an eviction judgment remove it from your record?
No. Paying the judgment changes the status from “unpaid” to “satisfied,” which looks better to future landlords. But the eviction filing and judgment remain on court records indefinitely and on screening reports for up to 7 years.
How long does an eviction stay on your record in Texas?
Court records: indefinitely (permanent public record). Credit reports: up to 7 years for associated debts and collections. Tenant screening reports: typically 7 years, though some services retain data longer.
Did SB 38 change anything about eviction records?
No. SB 38, effective January 1, 2026, changed eviction procedures — primarily making it faster to evict squatters and unauthorized occupants. It introduced summary disposition, standardized notice requirements, and set timelines for court proceedings. It does not address record sealing or expungement.
Can I seal my eviction record in Texas?
Only under very narrow circumstances. If your case was dismissed through the now-defunct Texas Eviction Diversion Program (TEDP), it should remain sealed. Otherwise, you’d need to pursue a Rule 76a motion to seal court records, which requires proving your privacy interest outweighs public access — a very high bar that rarely succeeds.
What if I won my eviction case — does the record go away?
No. Even if you won or the case was dismissed, the filing itself remains a public court record. Screening companies report that a case was filed, not always the outcome. You should obtain proof of the favorable outcome and provide it proactively to landlords.
How can I find apartments in Austin that accept evictions?
Work with a locator who specializes in apartments that accept evictions. The approval depends on your eviction’s age, whether it resulted in a judgment, your credit score, income level, and the property class you’re targeting. Second-Chance and Class C properties have the most flexibility.
What is a third-party guarantee and do I need one?
A third-party guarantee is a corporate insurance product (not a co-signer) that covers the apartment community’s financial risk. You pay a fee — typically one month’s rent — and the company guarantees your lease obligations. If you have property debt from an eviction, you’ll almost certainly need one. About 95% of Second-Chance properties accept them. If your eviction also involved a broken lease, the guarantee becomes even more critical because the property debt from that lease break is what most communities auto-decline on.
Will future Texas legislation create eviction expungement?
Unclear. Bills have been filed and failed at least three times. The 90th Legislature meets in 2027. Texas trends conservative on landlord-tenant policy, and eviction record reform has not yet gained bipartisan traction. Don’t plan your housing strategy around legislation that may never pass.
What’s the fastest way to get an apartment with an eviction in Austin?
Call a locator who knows the screening criteria. Seriously. I can usually identify 3-10 realistic options within a single phone call based on your eviction type, credit score, and income. That beats spending weeks calling individual properties and getting the runaround from leasing agents who don’t know their own approval criteria.
The Real Path Forward
Getting an eviction expunged in Texas isn’t on the table right now. That might change someday — other states have moved on this issue, and bills keep getting filed — but waiting for legislation isn’t a housing strategy.
What matters is what you do next. Your eviction’s age, your credit score, your income, and the specific properties you target are the variables that determine whether you get approved. Some combinations of those factors open up 40+ Austin communities. Others narrow it to 2-3.
The biggest advantage you can have is knowing which communities will say yes before you spend a dollar on application fees. That’s what I do every day, and it’s what separates renters who get housed quickly from renters who burn through money and time applying blind.
My apartment locating service is free — the community pays my referral fee from their advertising budget. Call me at 512-320-4599 or fill out the form here and I’ll match you with Austin apartments that actually approve renters with evictions. No judgment, no runaround, just real options.
Screening criteria referenced in this article reflect typical ranges across Austin apartment communities as of February 2026. Actual approval requirements vary by property and are determined solely by each community’s management. All housing decisions must comply with Fair Housing laws. This article is for informational purposes and does not constitute legal advice. For legal guidance on eviction records, consult a licensed Texas attorney.
