Quick Answer
California Code of Civil Procedure § 1161.2 limits public access to unlawful detainer court records. For the first 60 days after filing, UD records are confidential, only a few parties can see them. After 60 days, the record becomes public UNLESS the tenant prevails or settles within that window. Tenants who lose a UD case can move to seal the record under narrow circumstances and may also pursue masking through tenant screening reports.
Key Takeaways
- CCP § 1161.2 makes UD court records confidential for the first 60 days after filing.
- After 60 days, the record is publicly available UNLESS the tenant prevailed within that period.
- A tenant who prevails at trial, by demurrer, or by dismissal within 60 days keeps the record sealed permanently.
- Tenants who lose can pursue settlement language requiring confidentiality and a dismissal as part of the deal.
- Tenant screening services (RealPage, CoreLogic, etc.) often report UD filings improperly, you have rights under the FCRA and CC § 1786 to dispute inaccurate reporting.
- A 1161.2 motion can sometimes be used to seal the record after the fact in narrow circumstances.
How CCP § 1161.2 works
Unlike most civil cases, unlawful detainer filings are confidential at the courthouse for the first 60 days. The clerk cannot release the file to a member of the public, a process server, or a tenant-screening company unless one of the statutory exceptions applies. After 60 days, the file becomes publicly available, but with a critical carve-out: if the defendant prevailed (judgment for tenant, demurrer sustained without leave to amend, motion to quash granted, dismissal in tenant’s favor) within the 60-day window, the file stays sealed permanently.
Why this matters for tenants
UD records are devastating to future rental applications. Tenant-screening reports that show a filed UD, even one that ended in the tenant’s favor, frequently lead to denials. The 60-day rule is the cleanest way to keep a UD off the record entirely.
Strategies to keep the record sealed
Win within 60 days
A successful motion to quash, demurrer, or trial judgment within 60 days locks the record. UD timelines are fast enough that many of these resolutions naturally happen inside the window.
Negotiate dismissal as part of settlement
Many landlord-tenant settlements include “stipulated judgment for tenant” or “request for dismissal in tenant’s favor” within the 60-day window. Cash-for-keys settlements should be structured to close before day 60 for this reason. The settlement should also include a confidentiality clause and a prohibition on the landlord reporting the matter to tenant screening services.
Stay-housed agreements with dismissal
If the tenant is paying rent and curing the alleged default, the landlord may agree to dismiss the case with prejudice. A dismissal in the tenant’s favor within the 60 days preserves confidentiality.
If the 60 days has passed
If the file is already public, options narrow. Courts have inherent authority to seal records under CRC 2.550 in extraordinary circumstances, usually where confidentiality interests overwhelm the public’s right of access. These motions are rarely granted in UD cases. The more productive path is usually attacking inaccurate tenant-screening reports.
Tenant-screening report disputes
Tenant-screening companies are consumer reporting agencies under the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and California’s Investigative Consumer Reporting Agencies Act (CC § 1786 et seq.). They must follow strict accuracy requirements. Common claims:
- Reporting a UD that was sealed under CCP § 1161.2.
- Reporting a UD without noting the outcome (tenant prevailed).
- Reporting more than 7 years after the case ended (FCRA § 1681c(a)).
- Failing to give the tenant notice of adverse action under § 1681m.
Dispute letters to the reporting agency trigger a 30-day reinvestigation duty. Successful disputes lead to deletion of the entry. Civil claims under the FCRA carry statutory damages and attorney fees.
What to do right now
- If you are early in a UD case, push hard to resolve before day 60.
- If you settle, build dismissal-in-tenant’s-favor and a confidentiality clause into the deal.
- If a UD has already shown up on a tenant-screening report, pull the report, dispute inaccuracies in writing, and document the outcome of the underlying case.
- Save all paperwork, judgments, dismissals, settlements, certified court records.
Related pages
- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
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