If you are a tenant who has defaulted on rental payment or you have violated the lease agreement with your landlord, then you can be evicted by your landlord. An eviction case is legal, and it occurs when your landlord takes you to court. If the landlord wins the case, then the tenant has to immediately vacate the premises. Eviction cases are reflected in your personal credit report and a record of eviction under your name will seriously harm your credit history. Fortunately, there are ways of expunging an eviction record.
What is Expungement?
To expunge your eviction record simply means that you will be removing the record of your eviction from public documents that may be viewed by others. Once your eviction record is expunged, anyone searching for it will not find it. There are times when courts may expunge eviction cases, but not always.
You may request a court for an expungement if the landlord filed against you a bad eviction case, and it would be unfair for such a record to be reflected in your name. A “bad case” could be one that is not filed with sufficient legal basis – like perhaps you were properly served copies of court papers.
Steps to Take for Expungement
Check from your courthouse whether the landlord filed the case properly. If not, then file a motion to expunge your eviction record. Indicate in the Motion the number of your eviction record. After accomplishing all the important information, sign the motion in front of a notary. Attach any document which will be of help to your Motion.
Next, visit a district court so you may file your motion. The clerk of court will be giving you instructions how to carry it out. The clerk will also teach you how to file a copy of your Motion to your ex-landlord. There is a filing fee for your Motion to Expunge, which is why you need to bring your proof of income. If you have a low income, you are permitted to file under inability to pay.
There will be hearing on your motion and you should go well prepared. If you have any witnesses, arrange for this person to be present on your hearing.
Seek Legal Assistance
To make sure every step is accomplished properly, visit your lawyer to discuss matters. From the searching for your records, to the filing of the case, your attorney can do it for you. Your lawyer will also be with you all throughout your hearing. Your attorney can also check for you if indeed, your eviction record has been expunged. Your lawyer will also make sure that a copy of your expungement will be furnished to all tenant screening agencies. A lawyer can ensure that you recover your good credit history despite having been evicted before.