Procedure for Removing Past Eviction From Record
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Court records showing rental eviction cases are usually available for viewing to the public for 10 years. Oftentimes, landlords perform background checks on new, prospect tenants, and sometimes landlords take a peek on court records just to check on previous rental eviction cases that their tenants have been involved in. There are certain screening companies, too, that offer this service for a charge. It can therefore be difficult but very possible, to have one’s eviction record sealed or expunged so that screening companies or landlords will not be able to view the record of the cases,
Eviction Records and Credit Standing
Typically, records of rental evictions are reflected in a tenant’s credit report, but are not part of a criminal history. Rental eviction cases are also reflected in civil records. Tenants who have gone through difficult circumstances and have defaulted on a lease may have the rental eviction removed from either the credit report or civil records. This step is also useful because rental eviction record can adversely affect the tenant’s ability to obtain a new residential mortgage or lease, car lease or loan, credit card loan or personal loan.
Needed for Expungement
These are the things that a tenant who has had previous rental eviction case(s), will need: notarized statement for landlord or leasing company, credit dispute letter and an order of expungement. The subject must secure a copy of his or her personal credit report from Equifax, TransUnion or Experian. Law provides one free copy of personal credit report once a year.
Conduct a search of the databases in your area to check on your civil records. Often, the state or county clerk of the court is the keepers of such records. Therefore, if a rental eviction case has been filed against you for rental payment default, the clerks of these courts will have the record.
Rental evictions that appear on civil records or personal credit reports may be disputed. It is possible to get in touch with the leasing company or landlord and make an offer to settle the amount or balance through a certified check, and in exchange, the landlord or leasing company will issue a notarized statement attesting that the debt has been paid.
Write down a dispute letter to all the aforementioned credit bureaus and attach a letter explaining the circumstances, together with the notarized statement from the landlord or leasing company. Credit bureaus are required to investigate disputed entries within a maximum of 20 days, or the entry is removed,
Rental evictions that appear on civil records will have to be expunged by order of a judge. If a record exists in your case, petition the judge to grant an order of expungement.
Seek Legal Assistance
The best remedy for resolving your case will be to seek legal assistance. For a minimal fee, you can be confident that all legal issues are addressed, and the process dealt with efficiently.