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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: 1 year ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
3/21/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,694
Experience: Attorney
Verified

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.

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Lawyer: Ely, Counselor at Law replied 1 year 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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Ely
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,694
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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