How to Remove a Public Record from Your Credit Report (and How Long It Can Stay There)
Judgments, liens, evictions, and bankruptcies are all public records that can negatively impact your credit. But they are not permanent, and it is important to understand how long these types of records are legally allowed to remain on your credit report.
In fact, most civil judgments no longer appear on credit reports from the major credit bureaus. And when public record information does show up, whether it can be removed depends on several factors, including the type of record, how long it has been reporting, and whether the information is accurate.
In certain situations, public records should not be on your credit report at all, regardless of age. In this article, I will break down how long public record information can legally stay on your credit report and when removal may be possible
How Long can a Judgement Stay on your Record?
Under the Fair Credit Reporting Act (“FCRA”), most adverse information can be reported for up to seven years. Historically, civil judgments could appear on credit reports within that timeframe.
However, most civil judgments no longer appear on credit reports from the major credit bureaus. In 2017, the bureaus adopted stricter data-matching standards for public records. Because many court systems do not provide enough identifying information to meet those standards, most civil judgments were removed from credit files.
As a practical matter, that means most judgments will not appear on your credit report at all. In the rare situation where you do see one reporting, confirm how old it is. In general, civil judgments may not be reported after seven years from the date of entry.
Even though civil judgments rarely show up on credit reports today, they can still remain part of the public court record. They may also appear in certain background screening reports, depending on the type of check and applicable law.
How Long Is Public Record Information Allowed to Stay on a Credit Report?
While most civil judgments no longer appear on credit reports, other types of public record information can still be reported for a limited period of time. The reporting limits come from the FCRA and vary depending on the type of record.
Bankruptcy filings are still reported by the major credit bureaus. A Chapter 7 bankruptcy may be reported for up to 10 years from the filing date. A Chapter 13 bankruptcy may be reported for up to 7 years from the filing date. The reporting period generally runs from the date the case was filed, not from the date it was discharged.
Evictions do not always appear directly as “evictions” on a traditional credit report. However, related collection accounts tied to unpaid rent may be reported. When reported as collection accounts, they are generally subject to the FCRA’s 7 year reporting limit, which typically runs from the date of first delinquency on the underlying debt.
Federal and state tax liens used to appear regularly on credit reports, but most were removed following the 2017 industry changes. If a tax lien does appear on a credit report today, it must comply with the FCRA’s reporting time limits, which generally do not exceed seven years.
How to Remove a Public Record from Your Credit Report
Whether a public record can be removed from your credit report depends on two primary factors: how long it has been reporting and whether the information is accurate.
If the reporting period has expired under the FCRA, the item may no longer be legally reportable. In that situation, it should not continue to appear on your credit file.
If the reporting period has not expired, removal typically depends on accuracy. Credit reporting agencies are required to report accurate information. If a public record is being reported incorrectly, attributed to the wrong person, or listed with inaccurate dates or status information, you have the right to dispute it.
The process generally involves submitting a written dispute to the credit bureau that is reporting the inaccurate information. The bureau must conduct an investigation and correct or delete any information that was inaccurate or that cannot be verified.
It is important to understand that accurate public record information that is still within the allowable reporting period will not usually be removed simply because it is negative. The law is designed to ensure accuracy and compliance, not to erase truthful information.
That said, there are situations where public records should not be appearing at all. For example:
The reporting period has expired
The judgment or lien was vacated
The information is being reported in a way that is materially misleading
In those circumstances, correction or removal may be appropriate. The key question is not whether the record is harmful, but whether it is being accurately reported.
Issues with Public Records on Your Credit Report?
Public records will usually drop off your credit report after the applicable legal time limit. Credit bureaus manage millions of consumers’ files, however, and mistakes do happen.
If you are seeing a judgment, lien, eviction-related collection account, or bankruptcy entry that appears inaccurate or outdated, it may be worth having it reviewed..
My practice focuses on credit reporting errors and ensuring that consumer reporting agencies comply with the requirements of the FCRA.. If you would like to discuss your situation, you can contact my office to explore your options.