Understanding Evictions and Criminal Background Checks
An eviction typically does not show up on a criminal background check as evictions are civil matters rather than criminal ones. Criminal background checks usually focus on criminal convictions, arrests, and related legal issues. However, information about evictions can appear in tenant screening reports or credit reports, which landlords may use to assess a potential tenant's rental history.
What is a Background Check?
Before diving into whether an eviction affects your criminal background check, it's essential to understand what a background check involves. Typically, a background check focuses on criminal records, civil judgments, and credit reports. Here, we will explore how evictions impact these different types of checks.
Does Eviction Show Up on a Criminal Background Check?
An eviction is not a criminal matter, so it will not show up on a criminal background check. These checks are designed to uncover criminal convictions, arrests, and legal issues related to crimes. However, the importance of understanding how evictions might affect other aspects of your background check is crucial.
Where Can an Eviction Impact You?
Understanding where an eviction might show up is essential:
1. Tenant Screening Reports
What is a Tenant Screening Report? Tenant screening reports are used by landlords to assess a prospective tenant's rental history. If an eviction occurs, it can appear in these reports, which can affect the landlord's decision to rent to you.
An eviction typically registers on these reports within 30 days of a court judgment being entered against you, though it may take up to 60 days.
2. Credit Reports
How Does an Eviction Affect Credit Reports? Credit reports can also be impacted by an eviction, depending on several factors. If you leave owing the landlord money, the eviction might show up as a collections account. Additionally, if you are sued, lose the lawsuit, and a judgment is issued against you, this will stay on your credit report for 10 years, and it can be renewed indefinitely so long as you have not paid the judgment or settled it.
However, if you are not sued, it is unlikely that an eviction will show up on your credit report. In many cases, landlords still require rental references even if no lawsuit is filed.
Legal and Financial Implications
Filing a Lawsuit and Winning or Losing: If you are sued, losing the lawsuit, and receiving a judgment against you, this will impact your credit. If there is no judgment, it is less likely to appear on your credit report. It is crucial to seek legal advice if you are facing eviction proceedings.
Settlement Out of Court: Settling the matter out of court can prevent a judgment from being issued. This can protect your credit and your reputation.
Proof of Ownership: In cases where a landlord requires rental references, having proof of ownership and rental history can be invaluable. For example, if you have couch-surfed or stayed with friends during a transition period, this can be documented and presented to potential landlords.
Best Practices to Mitigate Eviction Impact
Legal Consultation: Consulting with a legal professional during eviction proceedings can provide guidance on protecting your rights and potentially avoid a lawsuit and judgment.
Payment Arrangements: Making alternative payment arrangements, such as partial payments or a payment plan, can help you avoid a full eviction and minimize financial and legal repercussions.
Rebuilding Credit: Even if an eviction does appear on your credit report, it is important to work on rebuilding your credit over time by paying bills on time and maintaining good financial habits.
To find reliable information and advice on evictions and their impact on your background and credit, it's crucial to stay informed and consult credible sources.