Is It Possible to Get an Eviction Expunged?

Before signing a lease with a new tenant, most landlords run the applicant's name through a tenant screening agency. These agencies run background checks and look for a tenant's past evictions and other undesirable qualities. Your rental history follows you from building to building, making getting a new lease extremely difficult.

But there are ways to remove an eviction from your rental history. An eviction expungement clears your history and prevents prospective landlords or tenant screening services from learning about your eviction record.

What Is Eviction Expungement?

Eviction expungement seals the court records of your eviction, preventing anyone from seeing them. Expungement also lets you check the "No" box on the rental application form that asks if you were ever evicted.

The process differs by state, but eviction expungement generally means filing paperwork with the local courts. But, you may be able to make your case without attending a hearing.

If you do not get your eviction removed, it will stop appearing on your credit report and the public record after about seven years.

Types of Eviction Expungements

No matter where you live, courts recognize three types of eviction expungement:

• Mandatory expungement: Judges must grant an expungement if the property was in foreclosure before the landlord filed an eviction.
• Inherent authority expungement: A judge may expunge an eviction if the circumstances surrounding the eviction are unfair and beyond your control.
• Statutory expungement: A judge may expunge the case if the eviction was retaliatory or there were errors of fact or law in the landlord's case.

Even in a foreclosure case, you must file a motion for expungement of eviction. The court will not automatically remove an eviction record.

Cases Eligible for Eviction Expungement

Aside from foreclosures, courts are more likely to expunge evictions where you can show:

• You won the eviction case. Just because you won your case doesn't mean a tenant screening company gives you a favorable review. They report to the prospective landlord only that you had a court case, not the outcome or the reason.
• The eviction was due to landlord retaliation.
• The eviction was a holdover and not about a breach of your lease agreement or nonpayment of rent.
• You moved out before the landlord posted the eviction notice.
• Your landlord's eviction filing contained errors of fact or law. For instance, improper service of process or a claim of late rent.

If your previous landlord agrees to the expungement, you can ask for a written agreement to your request. Get legal advice before you do this, and only request an agreement if you have paid all back rent and other fees to your prior landlord. This is a "satisfaction of judgment."

How To Get an Eviction Expungement

If you're considering an eviction expungement, you should get legal assistance. Each state differs in its requirements for expungement requests. You may need a settlement agreement from your previous landlord. Some states grant an expungement when you file the motion. Others have a hearing to review the evidence.

• When you file your motion, you should raise any defenses you might have had in the eviction case. If you speak with an eviction attorney or legal aid, they may be able to help you with this step.
• Complete the motion with all legal information that appeared in the eviction case. To expunge your eviction, the expungement motion must match the eviction case exactly, even if the eviction case contained errors.
• Include an affidavit explaining your current status and how the eviction affects you. Let the judge know if your eviction was due to circumstances beyond your control (medical issues, natural disaster, job loss) that have now been corrected.
• If your previous eviction included a payment plan or other settlement agreement, include proof that you no longer owe the landlord money. Attach receipts or canceled checks to show payment.
• Pay the filing fees and any court costs. If necessary, request a low-income waiver.
• If your state has an expungement hearing, be sure to attend. As with any court hearing, the court will dismiss your case if you don't show up.

If the judge grants the expungement, you will get a certified copy of the judgment. Make copies and send them to the tenant screening agencies in your area. The housing authority or a legal aid clinic in your area should have a list of these agencies. The court may take up to 30 days to remove your eviction from the public record.

Expungement is not guaranteed except in foreclosure cases. Judges have broad discretion on expungement cases and are not required to grant expungements for renters.

Get an Expungement Attorney

Every state has different rules about expungements. Hiring an attorney is expensive, but finding affordable housing with an eviction on your record is equally costly. If you need an expungement, talk to a landlord and tenant attorney.