HUD HCV Guidebook § 10.1.3
Records Retention and Confidentiality (HUD HCV Guidebook)
Operative Text
Criminal records must62 be maintained confidentially and may only be disclosed to persons with a job-related need to know the contents. Criminal background results, including sex offender results must63 not be shared directly with the owner, and they must64 be destroyed promptly once their purpose has been served. For example, if the PHA decides to admit the family to the program, the records must be destroyed immediately. If the PHA decides to deny admission based on the criminal conviction record, the record may be retained during the period allowed for requesting an informal review, and until the review, if requested, has been completed. The record must then be destroyed promptly. The PHA must not retain criminal conviction records for longer periods, even if the records are stored separately from the family’s file. Criminal background records of sex offenders are subject to the rules governing other criminal conviction records. However, the PHA must65 retain a record of the type of screening and the date screening was performed. 61 24 CFR § 5.903(b)(1) 62 24 CFR § 5.905(c)(1)(i) and (ii); § 5.903(g)(1) and (2) 63 24 CFR § 5.905(b)(4) 64 24 CFR § 5.905(c)(1)(iii); § 5.903(g)(3) 65 24 CFR § 982.158(f)
Under HUD Housing Choice Voucher Guidebook § 10.1.3, criminal background records — including sex offender check results — must be kept strictly confidential and shared only with staff who have a job-related need to know. These records cannot be passed along to property owners and must be destroyed promptly once they have served their purpose, such as immediately after an applicant is admitted to the program. If a denial is issued, the record may be kept only through any informal review period, after which it must also be destroyed; the one lasting record a Public Housing Authority (PHA) must retain is a notation of what type of screening was conducted and when.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 10.1.3, PHAs are prohibited from sharing criminal background results — including sex offender screening outcomes — directly with property owners participating in the Housing Choice Voucher program. Compliant housing operators generally understand that they will not receive this information as part of the tenant-screening process and should not request or expect it from the PHA. Owners who believe they have received such records in error would typically bring the matter to the attention of the administering PHA.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 10.1.3 establishes that your criminal background information is treated as confidential and cannot be shared with a prospective landlord by the PHA. If you are admitted to the program, those records must be destroyed immediately; if you are denied, they may only be kept through the informal review process before being destroyed. Applicants who believe their criminal records were improperly disclosed or retained may consider raising the issue with the administering PHA, contacting a local tenant-rights organization, or filing a complaint with the U.S. Department of Housing and Urban Development.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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