What criminal records could show up as I apply for any type of housing?

Here are three major categories of records that might tell a private landlord, Public Housing Authority (PHA), or owner of government-assisted housing something about your criminal history:

1) CRIMINAL HISTORY RECORDS:

These include: government-produced criminal records; publicly available court records of cases involving you; police and law enforcement records including arrest records; reports produced by private background check and tenant-screening companies (see #2: “BACKGROUND CHECKS/TENANT REPORTS” below); Internet research; the newspaper; and/or information received directly from you—through an application form or by asking you. Learn more about where your criminal records come from in the UNDERSTANDING & CLEANING UP YOUR CRIMINAL RECORD CHAPTER, beginning on PG. 931.

2) BACKGROUND CHECKS/“TENANT REPORTS”:

A private landlord, PHA, or government-assisted owner will MOST LIKELY get a copy of your background check from a private company—and when it’s for a housing provider, the background check report is often called a “tenant report.” Tenant reports show credit information, employment history, certain criminal history information, entries in sex offender registries or other public databases, driving records, interviews with people who know you, and more. These reports are created and provided by private background check companies and/or credit bureaus. (See PG. 377 to better understand the rules about getting background checks, and what information can be considered for housing.)

3) DRUG OR ALCOHOL TREATMENT RECORDS:

These are documents that show your enrollment in, participation in, and completion of any drug or alcohol treatment programs. In some cases, a PHA or owner of government-assisted housing, may be able to get records about your past drug or alcohol treatment, BUT A REGULAR PRIVATE LANDLORD CANNOT GET THESE RECORDS.[1283]

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    For more reading on this topic, see Sharon M Dietrich, When “Your Permanent Record” is a Permanent Barrier: Helping Legal Aid Clients Reduce the Stigma of Criminal Records, 41 Clearinghouse Rev. 139, 141 (July-Aug. 2007), discussing what applicants can do to improve or challenge the criminal record.