Are eviction records public?

Are Eviction Records Public in Virginia?

If you are a tenant in Virginia, understanding whether eviction records are public is important as these records can impact future housing opportunities, employment, and personal privacy. This guidance will clarify how eviction records are handled in the Commonwealth of Virginia, where you can access these records, and what protections may exist for tenants.

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What Are Eviction Records?

Eviction records refer to any official court documentation related to eviction proceedings. This typically includes:

• The initial eviction complaint or summons
• Hearings and judgments (such as the court’s decision to order an eviction)
• Writs of possession (official orders for a tenant to vacate the property)
• Any appeals or additional filings related to the eviction case

These records form a part of public court records once filed and heard in court.

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Public Access to Eviction Records in Virginia

In Virginia, eviction proceedings are handled through the General District Courts. The key points about public access to eviction records here are:

• Eviction cases are part of the court record.

Since eviction cases are adjudicated in public court hearings, the associated files are generally open to the public unless sealed by court order.

• Court records are accessible to the public.

Any member of the public, including prospective landlords, employers, or others, can request to view these records.

• Online access is available for some records.

The Virginia Judicial System provides online access through county and city websites, or through the Virginia Judicial System’s Case Information Portal. This portal allows users to look up case information by name or case number, though available details may vary by jurisdiction.

• Third-party screening companies collect eviction data.

Beyond court records, eviction information can also be gathered by tenant screening companies, which compile data for landlord screening reports. These companies pull from public court records and other sources.

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What Does This Mean for Tenants?

For tenants in Virginia, the public nature of eviction records means:

• Evictions, even if based on non-payment or lease violations, can be seen by future landlords.

Most landlords use tenant screening reports that include eviction history. A record of an eviction filing or judgment can negatively impact your ability to rent housing in the future.

• Settling cases or resolving disputes early can help.

If eviction cases are dismissed or settled before judgment, these records are less likely to appear on screenings.

• Judgments for eviction are more consequential.

A judgment favoring the landlord (i.e., ordering eviction) will almost certainly be found in public court records and reflected in tenant background checks.

• Tenants have the right to obtain and review their own eviction records.

Checking your records can help you understand what landlords see and address any inaccuracies through the court system or credit bureaus.

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Are There Limits to Access or Record Usage?

While eviction records are public, Virginia law does provide some protections:

• Fair Housing Laws Apply:

Landlords must comply with federal and Virginia fair housing laws prohibiting discrimination based on protected classes. However, eviction history is generally not considered a protected class and may be lawfully considered in rental decisions.

• Sealing Records in Limited Circumstances:

In rare cases, tenants may petition the court to seal or expunge eviction records if the eviction was unlawful or filed in error. Such petitions require court approval and are not guaranteed.

• Use of Records for Employment is Restricted:

While eviction records are public, employers have more restrictions on accessing tenant screening reports and may be limited in how they can consider eviction history during hiring processes.

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How to Access Eviction Records in Virginia

If you want to view specific eviction records in Virginia, you can:

1. Visit the General District Court in the locality where the eviction was filed:

Court clerks can provide access to court files and case information.

1. Use the Virginia Judicial System’s Online Case Search:

Available at [https://www.vacourts.gov](https://www.vacourts.gov), this portal allows searches for General District Court cases, including eviction cases by party name.

1. Request Records from Tenant Screening Companies:

If you want to see what a landlord may see, you can request your own tenant screening report from companies licensed under the Virginia Residential Landlord and Tenant Act (VRLTA).

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Summary

In Virginia, eviction records are part of the public court record and are accessible to anyone interested, including landlords and prospective employers. These records can have lasting effects on a tenant’s ability to rent housing, making it crucial to understand how eviction filings appear and are used. Tenants can access their records through local courts or online portals and may take legal steps to address wrongful or inaccurate evictions. Being informed and proactive helps Virginia tenants better manage their rental histories and housing opportunities.