Under California Code of Civil Procedure Section 1161.2, eviction court records are automatically restricted from public view for at least 60 days after a landlord files an unlawful detainer complaint, and they stay restricted unless the landlord wins a judgment. Whether the file ever opens to the general public depends on the outcome of the case, not the passage of time alone. Access to CCP 1161.2 eviction records is limited from the moment of filing, and a tenant who avoids a judgment for the landlord can keep those records shielded indefinitely.
What the 60-Day Restriction Covers
When a landlord files an unlawful detainer complaint, the court clerk restricts access to the case file, the index, and the register of actions. The tenant does not have to request this. It happens automatically at the moment of filing and lasts a minimum of 60 days.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records
The point of the restriction is to keep general records searches and bulk tenant screening databases from picking up an eviction filing before anyone knows how it turned out. A landlord who files a weak case shouldn’t be able to damage a tenant’s rental history just by walking into the courthouse.
Who Can Still See the File
The restriction is not a full seal. Several categories of people can view a restricted eviction file:
- The parties and their attorneys, at any time.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records
- Anyone who gives the clerk the name of at least one plaintiff, one defendant, and the full address of the rental property, including unit number.
- Someone who lives at the property, by providing a party name or case number and proof of residency.
- Anyone who obtains a court order for access on a showing of good cause.
The identifying-information rule is what keeps screening companies out. A bulk records search won’t produce the specific plaintiff name, defendant name, and premises address needed to pull a restricted file. A prospective landlord who already has an applicant’s name and prior address, though, could get the record from the clerk by supplying that information. The statute blocks dragnet searches, not targeted ones.
When the Records Open to the Public
The 60-day clock does not automatically expire the restriction. What happens next depends on the outcome.
Landlord Wins Within 60 Days
If judgment is entered for the landlord against all defendants within 60 days of filing, the clerk opens the full case file to the public once those 60 days have run. Default judgments count. But if a default or default judgment is later set aside after the 60-day mark, the clock resets: the case is treated as if it were filed on the date the default was set aside, and the tenant gets a fresh restricted period.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records
Landlord Wins at Trial After 60 Days
When a case runs past 60 days and the landlord eventually wins at trial, the court issues an order making the records accessible at the same time it enters judgment.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records Until that judgment lands, the records stay restricted no matter how long the case has been pending. A six-month-old case with no ruling is as restricted as one filed yesterday.
Any Other Outcome
If the landlord dismisses the case, the tenant wins at trial, or the case simply never produces a judgment for the landlord, the records stay restricted. The statute only authorizes public access when judgment is entered for the plaintiff. Any other ending leaves the file shielded indefinitely.
Post-Foreclosure and Pandemic-Era Cases
Eviction complaints involving residential property filed under CCP Section 1161a, which covers post-foreclosure situations, face a tighter unmasking standard. For those cases, records only become public if the landlord wins after a full trial within 60 days. A default judgment alone doesn’t trigger public access.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records
For any eviction filed between March 4, 2020, and September 30, 2021, based on unpaid rent, the standard unmasking rules under subparagraphs (E) and (F) do not apply. Those cases stay restricted even where the landlord won, though most have long since concluded.
Keeping Records Shielded Through Settlement
Settling an eviction case does not automatically preserve the restriction. What controls is how the case ends on paper. A stipulated judgment for the landlord is still a win for the plaintiff and can trigger public access the same way any other judgment does. Tenants who want to keep the file restricted should negotiate for a dismissal, not a stipulated judgment.
The Judicial Council’s standard unlawful detainer stipulation form includes a provision under which the landlord agrees to dismiss the case with prejudice once the tenant fulfills the settlement terms.2Judicial Council of California. Eviction Case (Unlawful Detainer) Stipulation A dismissal with prejudice ends the case without a judgment for the landlord, so the file stays restricted.
The statute also allows the court to issue an order barring access to the file if both parties agree to it in a stipulation.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records Even if the settlement involves some form of judgment, the parties can stipulate to bar access. Landlords won’t always agree, but it’s worth putting on the table.
Court-Ordered Access on Good Cause
Someone without the identifying information and without a direct tie to the case can still get in, but only through a judge. The statute allows access “by order of the court, which may be granted ex parte, on a showing of good cause.”1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records
Good cause is defined broadly. It explicitly includes newsgathering by journalists (people described in Evidence Code Section 1070, which covers reporters and editors), but the statute uses “includes, but is not limited to” language, so judges retain discretion to find good cause in other situations.3Legislative Counsel of California. AB 2819 Bill Analysis Researchers or investigators with a concrete reason tied to a specific file may qualify. A general interest in eviction trends will not.
Notice the Clerk Sends the Tenant
When the clerk restricts a newly filed case, the statute requires the clerk to mail a notice to every defendant named in the complaint. The notice, sent to the address in the complaint, tells the tenant that an eviction case naming them has been filed, that access to the file is delayed for 60 days (with exceptions for parties and people with identifying information), and that wider access requires either the 60 days to pass or a court order based on good cause.1California Legislative Information. California Code of Civil Procedure 1161.2 – Access to Limited Civil Case Records This is separate from formal service of the summons and complaint.
What Screening Companies Can Report Even After Unmasking
When an eviction record does become public under CCP 1161.2, federal law still limits how long tenant screening companies can include it in a report. Under the Fair Credit Reporting Act, consumer reporting agencies cannot report civil suits or civil judgments that are more than seven years old from the date of entry, or until the statute of limitations expires, whichever is longer.4Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports This applies to eviction judgments and filings alike.
The seven-year cap governs what screening companies can report, not what the court keeps on file. The underlying record may remain available indefinitely once unmasked, but a landlord pulling a screening report should not see an eviction older than seven years.
Disputing a Report That Shouldn’t Show the Eviction
Screening companies sometimes report evictions that should still be restricted under CCP 1161.2, or records that have aged past the seven-year FCRA window. If a landlord denies housing based on a screening report, federal law requires the landlord to provide the applicant with the name and contact information of the company that produced the report, along with notice of the right to dispute the information and to request a free copy of the report within 60 days of the denial.5Consumer Financial Protection Bureau. What Is a Tenant Screening Report?
File the dispute directly with the screening company. The CFPB publishes a list of specialty consumer reporting agencies, including tenant screening firms, that can help you identify and contact the right one. Under the FCRA, the agency must investigate the dispute and correct or remove inaccurate information.