New limits proposed on eviction records

Indiana law enacted in July 2022 makes it possible for tenants with an eviction action against them to prevent the disclosure of that information under certain circumstances.

Indiana Code Section 32-31-11 states that a tenant can move to seal their eviction record if the eviction action was dismissed, ruled in favor of the tenant, or overturned.

The law acts as a safeguard for the privacy of a tenant who was never formally convicted of the offense, something Adam Mueller, executive director of the Indiana Justice Project, says is important to give residents a better chance at finding housing.

“One of the things that we like to think about as lawyers is innocent until proven guilty,” said Mueller. “But if that record is out there that says that you are facing an eviction action, and if that record is harming folks before there’s ever been an adjudication, then that kind of turns it on its head.”

Now two years after the law’s enactment, the Justice Project and students at the University of Notre Dame Law School are looking at how the statute can be improved, both to protect tenants’ right to privacy and maintain transparency with the public.

Looking ahead

Earlier this month, the law school’s Clinical Law Center published a report detailing ways the law could be amended to make eviction record sealings more attainable for eligible tenants.

“A New Lease: The Future of Eviction Record Sealing in Indiana,” began as an assignment in the law center’s Eviction Clinic, where students receive hands-on experience working with clients seeking help in sealing their eviction records.

David Pruitt, a professor and director of the Clinical Law Center and Eviction Clinic, emphasized that the new law is a positive development but that, as with any new law, there’s room to grow.

“The fact that there is a sealing statute has been really helpful to a lot of people,” Pruitt said. “I think it’s something that probably has changed the dynamics a little bit of how these cases would typically proceed.”

Working alongside Mueller and the Indiana Justice Project, students researched and found five ways the law could be strengthened.

“We had some targets that we thought were going to be issues, but then it was really designed to be a fairly fresh look at what Indiana looked like compared to other states,” said Pruitt.

The recommendations focus on how and when eviction records are sealed from the public.

Under current law, eviction records in Indiana are made public from the time of filing until the case is closed.

Only then can tenants file a petition to have those records sealed.

Two of the report’s recommendations would adjust that timing.

The first approach, sealing all eviction records as they’re filed, is taken in California and Colorado.

In California, those records are unsealed 60 days after the filing date if the tenant loses the case, while in Colorado, records are unsealed only if the tenant loses, unless both the tenant and landlord agree to keep the records sealed.

Students reasoned that by keeping eviction records publicly available throughout the duration of the case, tenants are subject to prejudice before any actual wrongdoing is proven in court. Additionally, errors can show up in court records. Keeping records sealed would give court officials time to correct errors before any public harm is done.

In Minnesota, eviction records are removed three years after the eviction was ordered.

Mueller sees this as a more plausible solution, potentially satisfying both parties.

He questions how relevant an eviction from years ago is for a tenant who has built a better track record since.

“I’ve sealed evictions for people who, they’re in their 40s, they’ve got a steady job, they’ve got income, but they made a mistake back in their early 20s… How prohibitive is that information anymore to a person that is trying to find better housing?” Mueller said.

Creating a fresh start?

Another recommendation from the students is to simplify the process for tenants to seal eviction records when certain expectations are met.

At Notre Dame’s Eviction Clinic, students certified as legal interns work throughout the school year to help tenants do just that.

One of the clinic’s current clients, a St. Joseph County resident who asked to remain anonymous to protect his privacy, is working with the clinic right now to seal an eviction. He said his evictions have had a negative impact on his well-being and ability to find housing.

“It was hard,” he said. “I was going to school, I was going to work. So there were times where I have to try, you know, to stay in my car, just turn on the heat during cold weather.”

Within the clinic, certified legal interns are the point of contact for proceedings related to sealing an eviction record.

Whether it be communicating with the landlord or going into court, these interns assist clients through the process under the guidance of Pruitt.

“You really learn in a different way when you’re representing real people and having to take on that responsibility,” Pruitt said.

While Indiana permits sealing eviction records after a judgment has been paid or is no longer required, the process to get there can be tricky, especially for tenants not represented by a lawyer.

To seal an eviction record, tenants must file several motions in court.

The students suggest amending current state law to clarify that courts can seal a record when a judgment is satisfied or discharged.

Pruitt said students are still evaluating how best to present the recommendations to Indiana lawmakers for consideration, so nothing has been communicated yet.

But the ideas could be a tough sell in the Legislature, where tenant rights have to be debated alongside landlord rights.

The Indiana Apartment Association did not immediately respond to Indiana Lawyer’s request for comment on the recommendations.

Still, Pruitt and Mueller agree that the report is ultimately for those interested in understanding the issues surrounding eviction records in Indiana.

“It’s great that we have the law,” Pruitt said. “But if we could make some changes here, I think it would be even more effective and really allow folks to get the benefit of the sealing statute.”

“A lot of people who haven’t ever been through an eviction don’t understand what it’s like, and they don’t understand how housing insecure folks may be affected by eviction records,” Mueller said. “Part of what we wanted to do was really sort of tell a little bit of that story.”•