Guide to Expunging an Eviction Record
What is an eviction record?
If you have been evicted, it will appear on your public record for banks or future landlords to see what your financial situation is or if you are a desirable tenant. Tenant screening is the process through which a landlord is afforded the ability to use your driver’s license number, last known address, and Social Security number to perform background checks and determine if they want to rent the unit to you. An eviction record may appear during this process.
What are the benefits of expunging an eviction record?
You may want to expunge your eviction record for a variety of reasons, the most common reason being that it impacts your credit score, ability to take out a loan, and secure another unit in the future.
How long will an eviction appear on your record?
Pursuant to federal law, it can appear on your record for up to seven years, although there are ways to remove it from your record before seven years has passed. This is called “expungement.”
How to expunge an eviction record
Step one: gather documents
First, you should gather all important documents related to your eviction. You should call the court to gather all filed documents including the Complaint and Entry of Judgement. You should also gather all personal records pertaining to the eviction such as notices and any correspondence with the landlord regarding the eviction.
Step two: consult attorney
Second, you should review the files with a tenant lawyer to ensure that your case is one where the record can be expunged.
Step three: negotiations with landlord
Third, you will have to pay back fees or rent to the landlord. If the basis for the eviction was nonpayment of rent, you will owe rent with interest. If it was for another reason, there may still be costs or fees that have accrued and that you will have to pay. You and your landlord’s attorney should come to an agreement that works for both parties, and one of the attorneys will draft a stipulation that details the terms after an agreement has been reached.
Step four: drafting the stipulation
The stipulation must include, at minimum, the following information:
- The current amount of money, with interest, owed by the tenant.
- The amount of money agreed to be paid by the tenant.
- When, to whom, and how it the dues will be paid.
- Who will file the stipulation and request for dismissal with the court.
- Who will pay the costs of the filings.
- A mutual release of claims pertaining to the unit in question.
- Whether or not the party not filing the application waives notice.
Step five: petitioning the court
Once all parties have signed the stipulation, you must petition the court to seal the initial judgement. The first part of this process involves an Ex Parte Application to Vacate the Default, which is essentially an application to vacate the judgment of eviction. This application should include:
- A request that default and the judgement be vacated.
- A request for dismissal with prejudice.
- A request for the court to order that your record in the eviction action be masked from public viewing.
- An order for the court.
- Whether the landlord has waived notice of the application.
Step six: attend the hearing
At the hearing, a judge will review all the associated paperwork. If both parties have signed a stipulation, the judge will likely grant the application. Following the ruling of the court, the court will issue an order regarding the request to seal the eviction record.
Finally, the judgment of eviction will be vacated, and the record will be sealed from the public eye.
How to seek help
The eviction expungement process requires experienced attorneys to help you complete all of the required steps so that the court can vacate the eviction. You should seek help from tenants’ rights attorneys such as the ones here at Tenants Law Firm. Contact us by calling (310) 432-3200 or by using this form.