Getting a landlord to sign a lease while having an eviction on your record can be very hard. An eviction will show up on your record as soon as your landlord files the eviction and will stay there unless you take action to expunge it.
This article addresses what an eviction expungement is and the procedures you need to follow to get your eviction record expunged.
Yes. Unless you get your eviction expunged, anyone will be able to see it even if you have paid your debt and settled with the landlord. In most states, an eviction will stay on your record for seven years.
An eviction expungement is a process whereby the judge seals your eviction record. Once your record is expunged, no one will be able to access it. The court may expunge your case if it finds it is in the interest of justice and that there is no need for landlords to know about your prior eviction.
It depends. A few states will grant your expungement request without a hearing if you have a settlement agreement with your landlord. A settlement agreement is a written statement by your landlord agreeing to the expungement.
If your landlord will not agree to a settlement, another option you have is to seek expungement through a motion. Check your state's laws to see if you need to bring additional documents. In Minnesota, for instance, you can bring an affidavit supporting your motion. You will also likely need to pay a fee unless you qualify for a waiver.
The court will consider multiple factors when deciding on your motion. These include:
You should note that expungement is not guaranteed since judges have broad discretion on expungement cases.
Even though basic procedures to get your eviction expunged are similar, you still need to do your research to know the laws in your state before you start the process. For instance, the Minnesota Courts website offers useful resources on specific expungement requirements in Minnesota.
Getting housing with an eviction on your record can be very difficult. If you are trying to get your eviction expunged or want to know more about the process, speak to a landlord and tenant attorney.