The Nest

NestApple's Real Estate Blog

Featuring real estate articles and information to help real estate buyers and sellers. The Nest features writings from Georges Benoliel and other real estate professionals. Georges is the Co-Founder of NestApple and has been working as an active real estate investor for over a decade.

How Do I Get an Eviction Removed From My Record in 2023?

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Experiencing an eviction can be a significant challenge. In several states, an eviction can stay on your record for up to seven years, seriously affecting your credit score and making it difficult to find suitable housing. To learn how to remove it from your record, continue reading for an overview. Finding a new place to live after an eviction can be daunting. You may be unsure how to remove an eviction from your record or if it’s feasible to delete it. Even though renting after an eviction can be difficult, it is still achievable. If you need a new place to live but have an eviction on your record, it is essential to understand your eviction history and any inaccuracies that may be present. This way, you can work towards correcting and potentially removing them from your record.
Sell my house with tenants gets tricky when an eviction record is attached to it.

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 evicion notice - evictedyou 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.

Types of Eviction Expungement

If you have an eviction on your record, three types of expungement may help you remove it.

  1. Authority: The first type is inherent authority, which happens when a court decides it’s more important to protect the prospective tenant’s rights than inform landlords about the eviction.
  2. Statutory: available if the case had significant flaws or lacked a legal basis.
  3. Mandatory applies only if a landlord’s property was foreclosed before filing it.

Here are seven steps to remove an eviction from your record.

1. Check Your State Laws

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.

Who Can Receive An Expungement?

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. Inmanifestation eviction 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.

What is “Interest of Justice”?

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.

2. Win Your Eviction Case

If the tenant wins the case, the eviction will likely 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.

3. Review Your Eviction Paperwork

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.

4. Determine Your Expungement Type

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.

5. File Your Motion of Expungement

In certain states, you can submit your expungement form through mail or online e-filing. 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.

6. Attend the Hearing

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.

7. Check the Court 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.

8. Send Copies to Tenant Screening Companies

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.

What is the typical timeframe for expunging an eviction record?

How long does it take to get an eviction? The time frame for deleting it varies, and it depends on the timely completion and filing of the necessary paperwork, payment of fees, and the court’s review of the case. After granting the expungement, the removal might take a few weeks.

I would like to know the cost associated with deleting an eviction record.

 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.

Getting An Eviction Report Removed: The Bottom Line

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.

Written By: Georges Benoliel

Georges has been working in Wall Street for the last 16 years trading derivatives with hedge funds. He has been an active real estate investor for over a decade. Georges graduated from HEC Business School in Paris and holds a master in Finance from ESADE Barcelona.

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