Cal. Civ. Code § 32-31-11-3
Right of tenant to petition court for nondisclosure order; court order; timing of order; appellate court duties; pending eviction actions in residential eviction diversion programs
Operative Text
Sec. 3. (a) Except as provided in subsection (c), if a landlord files an eviction action and: (1) the eviction action is dismissed by the court: (A) upon petition of the landlord under IC 32-31-10-3 or otherwise; or (B) upon: (i) petition by the tenant; or (ii) the court's own motion; under IC 32-31-10-4 as a result of the landlord's failure to prosecute the case; (2) a judgment in favor of the tenant is entered by the court; or (3) a judgment is entered by the court against the tenant, and the judgment is subsequently overturned or vacated on appeal; the court in which the eviction action was filed shall, on its own motion, order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, including the petition by the landlord for possession of the rental unit. In an order issued under this subsection, the court shall direct the clerk of the court to redact or permanently seal the court's own records related to the eviction action. (b) Except as provided in subsection (c), if a judgment is entered by the court against the tenant, and: (1) a money judgment related to the eviction action was entered and the tenant has satisfied the money judgment; or (2) the final judgment against the tenant does not include a money judgment and at least seven (7) years have elapsed since the entry of the judgment; the court in which the eviction action was filed, upon motion by the tenant, shall order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, including the petition by the landlord for possession of the rental unit. In an order issued under this subsection, the court shall direct the clerk of the court to redact or permanently seal the court's own records related to the eviction action. The court may issue an order under this subsection without a hearing. (c) If the court issues an order under subsection (a) or (b), the court and the operator of any state, regional, or local case management system shall not disclose or permit disclosure of any records in the eviction action, including the petition by the landlord for possession of the rental unit: (1) other than to any person under a court order; (2) other than to a law enforcement agency for an authorized law enforcement activity; or (3) unless authorized under this chapter or otherwise required by law. (d) The court shall issue an order under subsection (a) at the time: (1) the action is dismissed; (2) the judgment in favor of the tenant is entered; or (3) the opinion overturning or vacating the judgment against the tenant becomes final; as applicable, without holding an additional hearing. (e) If an appellate court overturns or vacates a judgment entered against a tenant in an eviction action, as described in subsection (a)(3), and the court in which the action is filed then enters an order prohibiting the disclosure of any records in the action under subsection (a), the appellate court shall: (1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the name of the tenant; and (2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order under subsection (a). The Indiana supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any copy of an opinion or memorandum decision that includes the name of the tenant and that was created before the date of the order under subsection (a). (f) This section does not affect an order that is issued by a court and that: (1) is made in compliance with an order of the Indiana supreme court issued in connection with a residential eviction diversion program that complies with IC 32-31-10-5(b); and (2) makes court records related to a pending eviction action confidential. Records related to a pending eviction action that are made confidential under an order described in this subsection retain or lose their confidential status in accordance with the court's order. (g) If an order is entered under subsection (a), any final judgment for the recovery of money or costs does not constitute a lien upon real estate and chattels real pursuant to IC 34-55-9-2.
Indiana Code § 32-31-11-3 establishes a framework under which eviction case records can be shielded from public disclosure under certain circumstances. When an eviction action is dismissed, results in a judgment for the tenant, or a judgment against the tenant is later overturned on appeal, the court is required to act on its own initiative to seal or redact those records. Separately, tenants who lost an eviction case may petition the court to seal records once they have satisfied any related money judgment, or after seven years have passed if no money judgment was involved. Courts, clerks, and case management system operators are then prohibited from disclosing those records except to law enforcement for authorized activities or as otherwise required by law.
Plain English — not legal advice.
Under Ind. Code § 32-31-11-3, when a landlord files an eviction action that is subsequently dismissed or results in a judgment in the tenant's favor, the court is required to order sealing of the case records automatically, without any additional hearing. Compliant operators generally maintain awareness that sealed eviction records cannot be referenced, disclosed, or used in future screening processes once a court order under this section is in place. Because the sealing process is triggered automatically in many scenarios, landlords should understand that records from dismissed or tenant-favorable eviction proceedings will not remain publicly accessible through court or case management systems.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-11-3 provides tenants with meaningful protections against the long-term visibility of eviction records in several situations. When an eviction case is dismissed or decided in a tenant's favor, the court must seal the records on its own motion; when a tenant loses but later satisfies a money judgment, or when seven years pass after a non-monetary judgment, the tenant may file a motion asking the court to seal the records without a hearing being required. Tenants who believe they qualify for record sealing under this section may wish to consult a tenant-rights organization or legal aid provider to understand the motion process and confirm whether their circumstances meet the statutory criteria.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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