CA SB 1242: Eviction Record Sealing, Access, and Screening

Access to California eviction records is tightly restricted. Under Code of Civil Procedure Section 1161.2, when a landlord files an unlawful detainer complaint, the court clerk cannot release the file to the general public for at least 60 days. After that, the record becomes public only if the landlord obtained a judgment against every defendant. If the case was dismissed, settled without a judgment against the tenant, or lost by the landlord, the record stays hidden from public view indefinitely.¹

Who Can See the Record During the First 60 Days

The restriction kicks in automatically the moment the complaint is filed. No motion, no hearing, no request from the tenant. During those first 60 days the clerk will not hand the court file, the index, or the register of actions to a member of the public who walks in and asks.¹

A few categories of people can still get in. The parties to the case and their attorneys have access. So does anyone who gives the clerk the name of at least one plaintiff, the name of at least one defendant, and the property address including any apartment or unit number. Someone who can identify a party or case number and show identification proving they live at the property can also see the file.¹

The court index and register of actions are held to a stricter standard. During the 60-day window, the public can access those only by getting a court order based on good cause. That extra step blocks the kind of broad database sweeps tenant screening companies used to run against new filings.

When the Record Becomes Public

After day 60, everything turns on the outcome. Two scenarios open the record to the public:

The landlord obtains judgment against all defendants within 60 days of filing. When the 60-day period ends, the clerk releases the record.¹
The case goes to trial and the landlord wins more than 60 days after filing. The court issues an order making the record public at the time judgment is entered.

Anything else keeps the record sealed from the public. That includes voluntary dismissal by the landlord, a tenant victory at trial, a settlement that avoids a judgment against the tenant, and cases that simply stall without judgment. A tenant whose landlord filed a complaint and then walked away from it does not end up with a publicly searchable eviction record.

What Happens When a Default Judgment Is Set Aside

Default judgments create a specific timing rule worth knowing. If the landlord gets a default judgment within the first 60 days because the tenant never answered the complaint, the record opens to the public after the 60-day period ends.

If that default is later set aside, for improper service or another reason, the 60-day clock restarts from the date the court set aside the default. The statute treats the case as though it had been filed on that date, giving the tenant a fresh period of restricted access.¹

Sealing by Agreement in a Settlement

Even in a case where the landlord wins and the record would otherwise become public, the parties can agree to keep it sealed. Section 1161.2 allows the court to issue an order barring access if the landlord and tenant stipulate to it.¹

This matters most in settlement negotiations. A tenant may agree to move out on a specific date in exchange for the landlord agreeing to seal the record. If the deal is written as a stipulated judgment, the judgment itself can still become public unless the stipulation specifically includes a provision barring access.² If you are negotiating your way out of an eviction case, ask for a record-sealing provision in writing. Settling alone does not seal the record.

Stricter Rule for Post-Foreclosure Evictions

Residential tenants caught up in foreclosure evictions get an extra layer of protection. When the complaint involves residential property and is based on Section 1161a, which covers cases where the landlord’s claim to the property comes from a foreclosure sale, execution sale, or similar proceeding, the record becomes public only if two things are true: 60 days have passed since filing, and the landlord obtained a judgment after a trial.¹ A default judgment within 60 days will not open the record in a post-foreclosure residential case.

If a Sealed Record Still Appears on a Tenant Screening Report

Section 1161.2 binds the court clerk. It does not directly control what tenant screening companies have already collected or how their databases are updated. Screening companies sometimes report eviction records that should not be visible to them.

Under the federal Fair Credit Reporting Act, consumer reporting agencies cannot report records that have been sealed or otherwise legally restricted from public access.³ If a restricted record shows up on a report about you, dispute it:

Request your full file from the screening company. You only need to provide identification.³
Ask where the eviction data came from. The company must identify its source, including any intermediary vendors.
Submit a written dispute. State that the record is restricted under California Code of Civil Procedure Section 1161.2 and attach any court documentation showing the case outcome.

When a landlord denies your application based on a report, they must notify you that a report was used and provide the screening company’s contact information. That notice is the starting point for the dispute.

What the Restriction Does Not Cover

Section 1161.2 applies to limited civil case records filed under the unlawful detainer chapter. Limited civil cases in California involve amounts in controversy up to $35,000, which covers the vast majority of evictions because possession, not damages, is the main relief sought. Cases classified as unlimited civil, usually because a landlord attaches large damage claims, may not receive the same automatic access restrictions.

The restriction targets broad public and commercial searches. It does not block the parties or their attorneys from their own case files, and it does not block anyone who already has the party names and the property address from viewing the court file during the 60 days.

It also has no effect outside the court record. A former landlord who is called as a reference can say whatever they know about the eviction. Section 1161.2 seals paperwork, not memories.

1
California Legislative Information. California Code of Civil Procedure 1161.2
2
Judicial Council of California. Eviction Case (Unlawful Detainer) Stipulation (UD-155)
3
Consumer Financial Protection Bureau. CFPB Addresses Inaccurate Background Check Reports and Sloppy Credit File Sharing Practices