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If you want to remove an eviction from your record, having it expunged is the best option. Once it goes away, it won’t appear on your rental history, and when asked if you were evicted, you can truthfully answer “no.” This way, future landlords won’t be able to see the eviction on your tenant screening report or credit check.
If you have an eviction on your record, three types of expungement may help you remove it.
To remove an eviction record, the initial step is to review the expungement laws in your state. Each state has regulations for expungement filing, so it is necessary to verify with local laws to ensure removal.
The courts do not grant expungements to just anyone. Usually, the courts give them to individuals who can provide evidence of one of the following:
The tenant won a case where the landlord retaliated or held over. There was no lease violation of the terms, but the landlord failed to follow proper state eviction procedures. In addition, the landlord’s property was under foreclosure at the time, and the written notice was posted after the tenant had vacated.
The expungement was necessary for the “interest of justice,” there was a written agreement from the previous landlord, also known as a “satisfaction of judgment,” supporting the expungement.
In certain circumstances, the advantages of lifting an eviction far surpass any negative impact on society. If a situation calls for justice, a judge will evaluate the following details:
In the case of an eviction due to uncontrollable circumstances, it may be necessary to consider if those circumstances justify removing the eviction from their record. It’s also essential to consider the time that has passed since the removal and the filing of a motion for expungement.
A judge will assess these three factors to decide if there are valid reasons for expungement.
If the tenant wins the case, it is more likely for the eviction to be removed from public view. This demonstrates that the landlord’s legal action lacked sufficient evidence or legal basis, a valid reason for deleting the eviction.
If your landlord wins the case, carefully examining all relevant documentation is essential.
This encompasses various legal documents such as the lease agreement, eviction notice, Dispossessory Affidavit, and final judgment.
Your goal is to identify any potential grounds for having the eviction removed.
This might involve identifying flaws in your landlord’s argument, such as inaccuracies in the facts or legal references.
We recommend requesting an Inherent Authority Expungement to expunge an eviction from your record. However, if you have identified significant flaws in the landlord’s case, you may opt for a Statutory Expungement instead.
You must pursue a Mandatory Expungement if the eviction occurred after the home was already in foreclosure.
You can submit your expungement form through mail or online e-filing in certain states. However, we recommend personally delivering the document to your local Magistrate Court clerk. It’s essential to provide as much information as possible about your circumstances and reasoning for seeking expungement.
This paperwork will require a fee, but some states offer forms to waive the cost.
In certain states, a hearing may not be necessary. However, if required, it is essential to have a well-documented argument and any vital paperwork prepared for presentation. If the evidence is compelling, the court may delete the eviction from your record.
After the court grants an expungement, you can ask the court clerk when the eviction will no longer be visible to the public. Regularly monitoring your public record is essential to confirm the removal. The tenant screening service no longer publishes it.
Once an eviction expunges, tenant screening companies cannot report it. Therefore, we recommend sending copies of the expungement document to your local tenant screening agencies to ensure they immediately cease saying it.
The typical fee for submitting a Motion of Expungement ranges from $50 to $100, depending on your state. Nevertheless, if you demonstrate financial hardship, you may find additional forms to avoid these expenses.
Removing an eviction from your record can be challenging. However, pursuing an expungement is typically worthwhile if you demonstrate that it was wrongfully committed or caused by extreme hardship. This step is as important as income verification by property managers.