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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100051
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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How can I erase an eviction notice from public record?

Customer Question

How can I erase an eviction notice from public record?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times.

The short answer is: it is virtually impossible to do unless the Plaintiff agrees to cooperate.

Long answer:

COURT RECORD

The Defendant would have to file a motion to seal, asking the court to seal the record. The Court has discretion in doing so going off a discretionary set of subjective factors dealing with public information versus rights to privacy (see HERE) but suffice it to say, eviction records are generally NOT SEALED as matter of due course. The only way to get this done is to have the Plaintiff agree to sign off on the motion, and even then the Judge may still deny the request.

CREDIT BUREAUS

Assuming the above is successful, this should have the matter blocked from a general background search, but it would still show up on credit checks (which are often part of background searches). To get this off a credit bureau's history, one would have to CHALLENGE the history entry with each of the three major credit bureaus. Assuming the Plaintiff does not respond to the challenge within 30 days (again, this is why their approval is needed) and the court record is blocked, the bureau should then void the entry.

As you can see, this requires cooperation from the Plaintiff in the suit, then. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 8 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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