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House passes bill to seal eviction records for tenants who prevail in court
Summary
The House approved a bill to change how eviction court records are stored and shared: records for tenants who win will be sealed indefinitely while records for those who lose will remain public for three years. Sponsors said the measure aims to reduce screening-related barriers to housing.
The New Mexico House on Monday approved the House Judiciary Committee substitute for House Bill 253, a measure that changes how eviction court records are processed and made available to third parties.
Supporters said the bill will seal eviction records for tenants who prevail in court and make records for tenants who lose public for three years before they are automatically sealed. Advocates framed the change as a way to prevent tenant-screening companies and landlords from indefinitely stigmatizing people who successfully defend against eviction filings.
Representative Romero, the bill sponsor, told the House the change “modernizes the way in which we data process through certain court records with that being pertaining to eviction specifically” and said many eviction filings do not result in an actual eviction. Romero said estimates show roughly 15,000 eviction filings a year in New Mexico and about 55,500 filings since March 2020.
During debate, members asked how the bill would treat repeat offenders and cases involving property damage or criminal activity. The sponsor said records for tenants who lose would remain public for three years from adjudication, and the three-year tolling would apply independently for each eviction. She said the bill was modeled on practices in other states and that the Administrative Office of the Courts worked with legislators on the language.
Representative Duncan offered an amendment to carve out an exception so that court records in which a judgment awarded damages to an owner for harm beyond unpaid rent would not be sealed, and to disqualify people who had previously been parties to any eviction action from sealing. The amendment was declared unfriendly by the sponsor and the House voted to table it; the motion to table passed by a roll-call of 40-26.
Final passage of the committee substitute was approved on a roll-call vote of 38-25.
Supporters said the bill balances landlords’ need for information about tenants with a pathway for people who win eviction cases to avoid a long-term screening penalty. Critics said landlords and small property owners who suffer damage or unpaid judgments could be left less protected and pressed for stronger safeguards or data on how the change would affect rental markets.
The bill now moves to the Senate for consideration.
