Housing
Having Trouble Finding Quality Housing Because Of A Bad Record?
People who have been arrested or convicted often have difficult finding quality housing. The two most important laws concerning housing are the Federal Employment and Housing Act (FEHA) and the Fair Housing Act (FHA). Both prevent housing discrimination based on certain criteria. However, they do not protect against discrimination based on criminal record. Not only this, individuals with a criminal history may also be disqualified from joining subsidized housing programs.
Why Landlords Check Your Criminal History
The motivation for discrimination based on criminal history comes from the assumption that homeowners have an obligation to ensure that current tenants are protected from criminal activities of other tenants. By asking potential renters whether or not they have committed any crimes, landlords are able to screen out those tenants who might be potential criminals. This makes sense for a homeowner to avoid the extra liability by discriminating against an individual with a criminal record.
Federal And State Law And How It Affects Record Sealing
While federal laws present obstacles to securing quality housing, different states have various consumer reporting laws enacted that remove some of the roadblocks for individuals with a criminal history seeking quality housing. For example, California’s Investigative Consumer Reporting Agencies Act (Civil Code §1786) and California Consumer Credit Reporting Agency Act (Civil Code §1785) make it unlawful for reporting agencies to disclose criminal records that are more than seven years old.
Finding An Expungement Lawyer
It is clear that having a clean record is important when it comes to finding quality housing. Expunging your record is the best way to do this. If successful, all court records for your conviction will be set aside and the conviction will be dismissed. Eventually, this gives you the right to answer as if you have never had a conviction, particularly when asked for purposes of seeking housing. If you have experienced housing discrimination as a result of your criminal history, contact an expungement attorney to help you get hold of quality housing.