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Committee narrowly advances automatic five‑year expungement of eviction records after contested debate
Summary
House Bill 98, which would automatically expunge eviction records after five years, advanced out of committee following contested testimony from landlords, realtors and business groups opposed and housing‑justice organizations supportive.
A closely contested House Judiciary Committee vote advanced House Bill 98, a proposal to automatically expunge eviction records five years after entry, with witnesses divided over landlord access to historical tenant information and enforcement mechanics.
Representative Anya Nornu, sponsor, said the substitute would modify an existing Administrative Office of the Courts (AOC) mechanism to remove eviction records after a five‑year window. “This is a subject that is very near and dear to my heart and my district,” Nornu said, noting eviction records can bar people from renting or buying for years.
Opponents included the Apartment Association, the New Mexico Association of Realtors and the Chamber of Commerce. Alan Lisak of the Apartment Association and Rem Moore for Realtors argued the bill’s definition of eviction and its automatic process are too broad, could mask serious lease violations, and would remove information landlords rely on to screen tenants. Enrique Nell of the Chamber said eviction proceedings require a court process and that records reflect a property owner’s substantial investment and risk.
Supporters included tenant‑advocacy and homelessness providers. Austin Waiake of the Working Families Party said five years is “plenty of time” for people to show responsible behavior. Wynter Torres of New Mexico Eviction Prevention and Diversion said eviction data scraped from court websites are often inaccurate and that informal evictions (not filed in court) are common, arguing automatic expungement addresses barriers to housing stability.
Committee members asked detailed process questions. Several members noted the bill makes expungement automatic to avoid a costly, pro se expungement process and said it would not extinguish a monetary judgment — AOC can provide the certified judgment and landlords retain their 14‑year collection period for judgments. The sponsor said the bill expunges only the eviction record itself and does not erase unrelated criminal charges.
After public testimony and legislative questions, the committee recorded a do‑pass recommendation for the bill by a narrow margin.
