To file a motion to seal an eviction in California, you draft a Notice of Motion and Motion to Seal Record with a supporting memorandum, a sworn declaration, and a proposed order; serve the landlord at least 16 court days before the hearing; file the papers with the same court that heard the eviction, paying the $60 motion fee or asking for a waiver; and then appear at the hearing to argue that the standard in California Rules of Court, Rule 2.550 is met. The order, once signed, directs the clerk to seal the file so it is inaccessible to the public and to tenant screening companies.
Before you spend time on any of that, confirm you actually need the motion.
Check Whether Your Record Is Already Restricted
California Code of Civil Procedure Section 1161.2 restricts every unlawful detainer file from general public view the moment it is filed. The file only opens to the public if the landlord obtains a judgment: within 60 days of filing, the record becomes public after the 60-day mark; if the landlord wins later, the court issues an order making it public then.1California Legislative Information. California Code CCP – 1161.2
If the landlord never won, meaning the case was dismissed, you prevailed at trial, or the case stalled without a judgment for the landlord, the file stays restricted permanently under the statute. Restricted is not the same as sealed. Someone who gives the clerk the names of a plaintiff and defendant plus the rental address can still pull a restricted file. A sealing order shuts that door.
You should file a motion to seal when:
- The landlord won the case and the record is now public.
- The automatic restriction applies but you want the file completely locked down, not merely limited.
- You and the landlord signed a settlement that includes a sealing clause. Section 1161.2(a)(2) allows the court to bar access when both parties stipulate.1California Legislative Information. California Code CCP – 1161.2
The Standard the Judge Will Apply
If your motion rests on a written stipulation, you do not need to prove anything beyond the agreement itself. The statute authorizes the order on that basis alone.
Without a stipulation, the court applies California Rules of Court, Rule 2.550(d). The judge must make all five of these findings:
- An overriding interest exists that overcomes the public’s right of access.
- That interest supports sealing the record.
- A substantial probability exists that the interest will be harmed if the record is not sealed.
- The proposed sealing is narrowly tailored.
- No less restrictive means exists to protect the interest.
In practice, this means showing concrete harm. A tenant who can document denied rental applications caused by the eviction entry has a far stronger argument than one offering general concerns about reputation. The more specific and documented the harm, the better the chance a judge finds the standard met.2Judicial Branch of California. Rule 2.550 Sealed Records
Documents You Need to Prepare
Pull the case details first: the full case name, the court-assigned case number, the names and addresses of both sides, the landlord’s attorney’s name and address if any, and the key dates (filing, dismissal, judgment). You will reference these throughout the papers.
The Motion
The core filing is a Notice of Motion and Motion to Seal Record. California does not publish a fill-in-the-blank form for this motion, so draft it on numbered pleading paper. State clearly which records you want sealed, identify the case, and set out the legal basis.
Rule 2.551 requires the motion to be accompanied by a memorandum of points and authorities, which is a short brief explaining why the court has authority to seal and why the facts justify it, and a declaration containing facts sufficient to support the request.3Judicial Branch of California. Rule 2.551 Procedures for Filing Records Under Seal
The Declaration
Use Judicial Council Form MC-030 for the sworn statement. Explain the outcome of the eviction, how the record is affecting you (specific denied applications, with dates and property names if you have them), and why sealing is the right remedy. You sign under penalty of perjury.4California Courts. Declaration (MC-030)
The Proposed Order
Draft the order you want the judge to sign. Write it to direct the clerk to seal the court file, restrict all public access, and treat the record as confidential. A clean proposed order ready for signature is easier for the court to grant than one it has to draft from scratch.
Serving the Landlord
You must serve the motion papers on the landlord or their attorney at least 16 court days before the hearing. If you serve by mail within California, add five calendar days to that minimum. Service by overnight delivery adds two calendar days.5California Legislative Information. California Code, Code of Civil Procedure CCP 1005
You cannot deliver the papers yourself. Another adult who is not a party to the case must mail or personally deliver a copy of the filed motion to the landlord or their attorney. That person then fills out and signs a Proof of Service, which you file with the court. Without the filed proof, the judge may refuse to hear the motion.
Filing with the Court
Make at least two copies of the complete set of papers. The original goes to the court, one copy goes to the landlord through your server, and one stays with you.
File at the clerk’s office in the same courthouse that handled the eviction. The motion filing fee is $60 under the current statewide civil fee schedule.6Judicial Council of California. Superior Court of California Statewide Civil Fee Schedule If you cannot afford it, file Form FW-001, Request to Waive Court Fees, at the same time. You qualify if you receive certain public benefits, your household income falls below the set threshold, or paying the fee would leave you unable to cover basic necessities.7California Courts. Request to Waive Court Fees (FW-001)
The clerk will stamp your documents, assign a hearing date, and write that date on the Notice of Motion. The service clock starts the moment you have that date.
At the Hearing
Arrive on time. When your case is called, walk the judge through the key points from your declaration: how the eviction case ended, how the record is causing concrete harm now, and why sealing is the narrowest remedy that solves the problem. Keep it factual and brief. If the landlord was properly served and does not appear, the hearing is often short.
If the judge grants the motion, they sign your proposed order. The clerk then seals the file, making it inaccessible to the general public and to tenant screening companies. If the motion is denied, the record remains in whatever state it was in before, either fully public or restricted under Section 1161.2.
After the Order Is Signed
Ask for a certified copy of the signed sealing order and keep it. That document is your proof if a future landlord’s background check still shows the eviction.
A sealed eviction should not appear on tenant screening reports. Under the Fair Credit Reporting Act, screening companies must report only accurate information. If one keeps reporting a sealed case, you have the right to dispute the entry directly with the company, which generally has 30 days to investigate and correct inaccurate or outdated information.8Consumer Financial Protection Bureau. What Should I Do if My Rental Application Is Denied Because of a Tenant Screening Report Send the certified order with your dispute, and follow up: databases do not always update quickly on their own.