Having an eviction on one's rental history can make it extremely difficult to find suitable future housing. But there is a way to remove that black mark through the legal process of expunging the eviction.
In this article, we will explore the steps a tenant can take to get an eviction expunged from their record
How can I remove an eviction from my record?
The best way to remove an eviction is to have it expunged from your record. An expungement is a legal process that completely deletes any record of the eviction, so future landlords and tenant screening checks will not be able to see it.
In order to qualify for an expungement, you will need to file a motion with the court that handled your eviction case demonstrating you meet the legal criteria for removal.
The specific criteria can vary by state but usually involves showing the eviction was improperly filed or resulted from circumstances outside of your control.
What are the different types of expungement?
There are generally three types of expungement that may apply in different situations. An inherent authority expungement can be granted if the court feels protecting a tenant's rights is more important.
A statutory expungement removes an eviction if the case had significant legal flaws. And a mandatory expungement must be allowed if the landlord's property was in foreclosure when they filed the eviction.
Reviewing state laws can help determine which type you may qualify for.
Related: Do I Have To Pay Rent After An Eviction Notice?
What documentation do I need for an expungement?
Thoroughly reviewing all paperwork from your eviction case is important to identify potential grounds for expungement.
Carefully examine your lease, any notices, affidavits, and the final judgment for inaccuracies or flaws in your landlord's actions or arguments.
You may also want your own affidavits or witness statements supporting your position. Having well-documented evidence is key to a successful expungement request.
What is the process for filing an expungement?
The first step is checking your state's specific expungement laws and requirements.
You'll typically need to fill out a motion of expungement form, which sometimes have filing fees that financial hardship forms can waive. Documents should be filed with the court that handled your case, either by mail, online, or in-person.
A hearing may be required where you'll present your arguments, so prepare your documentation in advance.
The court will review and either approve or deny your request to remove the eviction.
How long does the expungement process take?
Timelines can vary but getting an eviction expunged usually takes a few months after initiating the process. Submitting complete paperwork, paying any necessary fees promptly, and following up regularly can help expedite the process.
Once approved, it may still take a few weeks for the removal to be fully processed and no longer visible on tenant screening reports. Acting quickly after an eviction is crucial to improve your chances of removal.
How do I ensure the expunged eviction disappears from tenant screenings?
Even after a court approves an expungement, tenant screening agencies still need to remove the evicted record from their systems. You'll want to obtain certified copies of the expungement order and send them directly to all the major screening companies.
Request written confirmation when they've updated their records. Monitoring your reports periodically will give peace of mind the eviction is no longer visible to potential landlords.
Conclusion
In conclusion, getting an eviction expunged is a serious legal process but can completely remove the black mark from your record if done properly. With strategic documentation of your circumstances and following all state procedures, an expungement gives renters a second chance after facing eviction through no major fault of their own.
