Expungement and Housing
Updated April 2026 · 5 min read
A criminal record is one of the biggest barriers to finding housing. Studies show that 1 in 3 Americans has a criminal record, and landlords routinely use background checks to screen tenants. Expungement can remove this barrier entirely.
How Background Checks Affect Housing
Most landlords and property management companies run background checks on rental applications. A criminal record can lead to:
- Automatic denial of your application
- Being charged higher security deposits or rent
- Being limited to lower-quality housing in less desirable areas
- Requiring a cosigner who may not be available
After Expungement
If your record is expunged or sealed:
- ✅ The conviction will not appear on standard tenant background checks
- ✅ You can legally answer "no" when asked about criminal history on applications
- ✅ The Fair Housing Act protections apply to you the same as anyone without a record
HUD Guidance on Criminal Records
The Department of Housing and Urban Development (HUD) has issued guidance that blanket bans on tenants with criminal records may violate the Fair Housing Act because they disproportionately affect minorities. Landlords must:
- Consider each applicant individually
- Look at the nature and severity of the offense
- Consider how long ago the offense occurred
- Not use arrest records alone (without conviction) to deny housing
Public Housing and Section 8
Public housing authorities (PHAs) have strict rules about criminal records:
- Lifetime bans: Sex offenders who must register and people convicted of manufacturing methamphetamine in federally assisted housing
- Discretionary denials: PHAs can consider other criminal history but must follow their own policies
- After expungement: If your record is expunged, it should not appear on the background check the PHA runs. However, some PHAs may still have records of previous denials in their system.
Tip: Bring your expungement court order when applying for public housing. If denied based on a record that should be expunged, you have grounds for appeal.
Fair Housing Rights
If you believe you've been denied housing unfairly based on a criminal record (especially an expunged one), you can:
- File a complaint with HUD (within 1 year of the discrimination)
- File a complaint with your state's fair housing agency
- Contact a fair housing attorney for a free consultation
Tips for Renters
- Get your expungement before applying for housing
- Run your own background check first to verify the record is gone
- Keep a copy of your expungement court order
- If a record shows up that should be expunged, contact the background check company to update their records
- Look for "second chance" landlords who are more lenient with criminal history
Need to Clear Your Record for Housing?
Expungement can open doors to better housing options.