Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the Legislature. LFC does not assume responsibility for the accuracy of these reports if they
are used for other purposes.
F I S C A L I M P A C T R E P O R T
SPONSOR Anyanonu/Johnson
LAST UPDATED
ORIGINAL DATE 1/31/25
SHORT TITLE
Automatic Expungement of Eviction
Records
BILL
NUMBER House Bill 98
ANALYST Chavez
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT*
(dollars in thousands)
Agency/Program
FY25 FY26 FY27
3 Year
Total Cost
Recurring or
Nonrecurring
Fund
Affected
AOC
No fiscal
impact
At least $50
Indeterminate
but minimal
At least $50 Recurring General Fund
Total
No fiscal
impact
At least $50
Indeterminate
but minimal
At least $50 Recurring General Fund
Parentheses ( ) indicate expenditure decreases.
*Amounts reflect most recent analysis of this legislation.
Sources of Information
LFC Files
Agency Analysis Received From
Administrative Office of the Courts (AOC) New Mexico Attorney General (NMAG) New Mexico Mortgage Finance Authority (MFA)
SUMMARY
Synopsis of House Bill 98
House Bill 98 (HB98) would add a new section to the Uniform Owner-Resident Relations Act
that requires a court or a state or local agency that holds records that relate to an individual’s
eviction to expunge or destroy the eviction records five years after the eviction occurred. HB98
would also require the Administrative Office of the Courts (AOC) to implement a confidential
procedure to allow individuals eligible for eviction expungement to confirm or request expedited
expungement of eligible court records.
This bill does not contain an effective date and, as a result, would go into effect 90 days after the
Legislature adjourns if enacted, or June 20, 2025.
FISCAL IMPLICATIONS
HB98 would require AOC to identify and expunge existing eligible eviction records and make an
ongoing effort to ensure that new eligible eviction records are expunged in a timely manner.
AOC estimates implementing HB98 would have an initial nonrecurring cost of $50 thousand;
recurring efforts after FY26 would require half an FTE. House Bill 98 – Page 2
SIGNIFICANT ISSUES
AOC provides the following:
AOC has implemented a free, accessible online tool for persons to notify the AOC that
they are eligible for expungement of court records related to cannabis charges under
Section 29-3A-8 NMSA 1978. The tool has proved successful, and AOC would follow
this model to create an online notification system for persons with eviction records
eligible for expungement.
AOC anticipates requiring a minimum of six months to analyze existing data regarding
court eviction records. The effort to identify, review, and expunge existing records will
require a data analyst and developer. AOC would also implement operating procedures to
ensure that eligible eviction records are expunged timely in the future.
Traditional expungement v. automatic expungement: The Criminal Record Expungement
Act (CREA), Section 29-3A-1 et. seq., was enacted in 2019, and allows persons to
petition the district court to expunge arrest and public records in three categories:
o Wrongful identification of a person in arrest records due to identity theft;
o Release of a person without conviction; and
o Conviction.
Sections 29-3A-3, -4, and -5. Under CREA, “expungement” means the removal from
access to the general public of a notation of an arrest, complaint, indictment, information,
plea of guilty, conviction, acquittal, dismissal or discharge record, including a record
posted on a publicly accessible court, corrections or law enforcement internet website.
Section 29-3A-2 (B). Importantly, CREA only provides an expungement pathway for
criminal records.
In contrast to expungement through a court petition under Sections 29-3A-3, -4, and -5,
automatic expungement of eviction records requires the public entity that holds the
records to 1) identify eligible records, and 2) take affirmative action to remove the
records from public view.
The attachment provides examples of similar legislation from other states, provided by the AOC.
The New Mexico Mortgage Finance Authority provides the following:
Based on data from Eviction Lab (a research organization at Princeton University), an
estimated 17,400 evictions are filed annually in New Mexico. A legal eviction comes
with a court record, which can impede a family’s ability to secure housing, because most
landlords conduct eviction screenings before renting. As proposed in HB98, eviction
expungement could help families overcome this barrier in the long term while allowing a
landlord to know whether a prospective tenant has had an eviction within the last five
years. Further, HB98 would not prevent a landlord from using a collections agency to
collect on unpaid rent associated with an eviction. Resultingly, the bill does not prevent
unpaid rent from showing up as an unpaid bill for seven years on a credit report.
House Bill 98 – Page 3
ADMINISTRATIVE IMPLICATIONS
AOC would have to implement a procedure to allow individuals eligible for eviction
expungement to confirm or request expedited expungement of eligible court records, like the
cannabis expungement online notification system tool.
The New Mexico Attorney General provides the following:
Since the law would apply to all state agencies, NMAG would likely need to create a
policy and procedures to identify and destroy any records held by NMAG required to be
expunged.
Attachments
1. HB0098 Attachment 1
FC/hj/SL2 State
Policy/Link Method Policy Resources
FL HB 1193
(2021)
Sealing A defendant can have their name
substituted with “tenant” on the
docket and have the proceeding
sealed if:
a. The parties file a joint
stipulation requesting relief.
b. The case was dismissed.
c. The case was resolved by
settlement or stipulation, and the
defendant complied with the
terms of the agreement.
d. A default judgment was
entered against the defendant, and
the defendant satisfied any
monetary award included in the
judgment.
e. A judgment was entered
against the defendant 5 years
before the motion was filed, and
the defendant satisfied any
monetary award included in the
judgment.
A defendant is not eligible for
relief if:
a. During any 12 months, the
defendant has had a judgment
entered against them in two or
more eviction proceedings.
b. During any 24 months, the
defendant has had a judgment
entered against them in three or
more eviction proceedings.
(This standard is very similar to
Oregon)
This policy allows those evicted to have
their names removed from docket listings
and their court records sealed. Rep.
Vance Aloupis states:
“Families who have been evicted often
struggle with finding residential mobility
and replacement housing that is both
affordable and habitable,” noting that
sometimes landlords will not rent to a
person who has been evicted. “What HB
1193 does is create an opportunity for an
individual who has been evicted to have
their eviction expunged based on explicit
terms that are listed within the bill.”
Blankenship, Gary. “Some Evictions
Records Could Be Expunged under Bill.”
The Florida Bar,
www.floridabar.org/the-florida-bar-
news/some-evictions-records-could-be-
expunged-under-bill/. UT HB 359
(2022)
Expungement and Tenant
Screening Regulations
78B-6-852 Page 3
Without the filing of a petition, a
court shall order the expungement
of all records of eviction if:
a. The entire case was
dismissed.
b. There is no appeal
pending for the case.
c. At least three years have
passed since the day the eviction
was filed, or the parties to the
eviction stipulated the
expungement and filed a
stipulation with the court.
This bill received harsh criticism due to
the burden it burdens tenants to do all the
work to receive an expungement. The
tenant does not have power in the
process, as shown in the following
quote:
“Even if renters have all the receipts to
prove they paid their debt, landlords can
still veto the expungement and don’t
need to provide any proof or even
explain why — under the law, a landlord
could simply say “I object” in writing,
and the expungement will be shot down.
By comparison, a criminal expungement
bill passed in recent years only allows the
objections of crime victims to be
considered as one of multiple factors by a
judge when deciding on an expungement.
But if a landlord says no, then a judge
has no choice but to disqualify an
eviction expungement request.”
Peterson, Eric. “Renters Facing Eviction
Don’t Get Enough Help from New
Expungement Law, Advocates Say” The
Utah Investigative Journalism Project -
Non-Profit, Public Service Journalism
and Educational Resource, The Utah
Investigative,
www.utahinvestigative.org/renters-
facing-eviction-dont-get-enough-help-
from-new-expungement-law-advocates-
say/.
KY HB 342
(2023)
Sealing and Expungement a. If the case is dismissed,
the court shall order the record
expunged upon sixty days or;
b. If a forcible detainer is
entered, the court shall order the
record expunged after three
years.
After the expungement, the
proceeding should be wiped away
as if it has never occurred. The
court and other agencies shall
delete or remove records from
computer systems, and
background checks should
indicate the record does not exist.
This bill did not pass, which left many
communities distraught, as eviction acts
as a long-term barrier to stable housing.
The harm of forced displacement
marginalizes those who have been
evicted for a myriad of reasons. George
Eklund, director of education and
advocacy at Louisville Coalition for the
Homeless states: “The problem is that
eviction is a binary stain on your record-
either looks like you had one or you
didn’t… There’s a lot of gray area of
why people got evicted.” Danielle Kaye,
a reporter for WKU Public Radio,
justified the following: “Eviction
expungement does not directly address
the many causes of eviction – from the affordable housing crisis and
skyrocketing rents to insufficient rental
assistance, among other structural
factors. But tenants and advocates say the
process can at least reduce the harm
caused by forced displacement.”
Kaye, Danielle. “‘Stain on Your Record’:
Evictions Follow Kentuckians for Years,
Limiting Access to Housing.” WKU
Public Radio | The Public Radio Service
of Western Kentucky University, WKYU,
6 Mar. 2024, www.wkyufm.org/2023-06-
02/stain-on-your-record-evictions-
follow-kentuckians-for-years-limiting-
access-to-housing
CA AB 2819
(2016)
Restricting Court Records 1161.2. (a) (1) The clerk shall
allow access to limited civil case
records filed under this chapter,
including the court file,
index, and register of actions,
only as follows:
(A) To a party to the action,
including a party's attorney.
(B) To a person who provides
the clerk with the names of at
least one plaintiff and one
defendant and the address of the
premises,
including the apartment or unit
number, if any.
(C) To a resident of the
premises who provides the clerk
with the name of one of the
parties or the case number and
shows proof of residency.
(D) To a person by order of the
court, which may be granted ex
parte, on a showing of good
cause.
(E) To any person by order of
the
court if judgment is entered for
the plaintiff after trial more than
60 days since the filing of the
complaint. The court shall issue
the order upon issuing judgment
for the plaintiff.
Lake and Tupper state: “California
passed AB 2819, which limits access to
court case records and automatically and
permanently seals some evictions, unless
the landlord follows through with a trial
within 60 days of when the complaint
was filed. This action also creates a
pathway for tenants to seal records that
resulted in a settlement.” (9)
Lake, Jaboa, and Leni Tupper. Eviction
Record Expungement Can Remove
Barriers to Stable Housing,
www.americanprogress.org/wp-
content/uploads/sites/2/2021/09/Eviction-
Record-Expungement-Can-Remove-
Barriers.pdf. MN SB 3492
(2024)
Expungement If the court finds that the defendant occupied real property that was subject to contract for
deed cancellation or mortgage
foreclosure and:
(i) the time for contract
cancellation or foreclosure
redemption has expired and the
defendant vacated the property
prior to commencement of the
eviction action; or
(ii) the defendant was a tenant
during the contract cancellation or
foreclosure redemption
period and did not receive a
notice
vacate on a date prior to
commencement of the eviction
case;
(2) if the defendant prevailed on
the merits;
(3) if the court dismissed the
plaintiff's complaint is dismissed
for any reason;
(4) if the parties to the action
have agreed to an expungement;
(5) three years after the eviction
was ordered; or
(6) upon motion of a defendant, if
an eviction action has been filed
in violation of section
(7) upon motion of a defendant, if
the case is settled and the
defendant fulfills the terms of the
settlement.
If a tenant brings a motion for the
expungement of an eviction, the
court shall order the expungement
of an eviction case that was
commenced on the grounds of a
violation of or any other claim of
breach, regardless of when the
original eviction was ordered, if
the tenant could receive an
automatic expungement or if the
breach was based solely on the
possession of marijuana or
tetrahydrocannabinol.
The Office of Minnesota Attorney
General Keith Ellison states Bill 3492
aims to: protect tenants most vulnerable
to housing instability, including survivors
of domestic violence and undocumented
renters. The law also bolsters protections
for tenants against landlord retaliation,
ensuring that tenants who organize –
such as by joining a tenant’s union – are
able to do so without negative
repercussions, which can include the
threat of displacement. Finally, the law
also addresses excessive and arbitrary
rental fees, known commonly as “junk
fees,” making Minnesota the latest in a
growing number of states targeting
excessive rental fees in 2024.”
“Minnesota Passes New Protections for
Tenants, Including Measure Ensuring
Right to Organize.” National Low
Income Housing Coalition