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Eviction Expungement - Do it Yourself

Authored By: Legal Services State Support
Contents
Step 1 Step 2 Step 3 Step 4 Step 5 Click "Proceed" above to get to the guided interview. If you only want the form by itself, click this link

Step 1

About this Program

Welcome! This free program helps you create the forms to ask the court to Expunge an Eviction. These forms are called a Motion to Expunge an Eviction

The program works by asking you questions. It uses your answers to fill out your form. You can print your form and file it with the court.

It could take an hour to get through the interview. If you don't have enough time to finish, save your answers by creating an account with LawHelp Interactive. You can create an account now or any time during the interview.

Before you start the interview, you need to read the instructions on the next 3 tabs. 

To continue, click on the green Step 2 tab above.

Step 2

 About this Motion to Expunge an Eviction
Who Should Use this Interview?

This interview is only for:

  • Minnesota eviction cases where your rent was not subsidized; and
  • Minnesota eviction cases where you had a Section 8 Voucher.

If your eviction case was about public housing, project-based Section 8 (not a Section 8 Voucher), other HUD subsidized properties, a property with a different type of subsidy, or a manufactured home park, you should not use this interview.

If you want to ask to have more than one eviction case expunged, you need to go through this interview once for each case.

How Does Expungement Work? 

Expungement means deleting the record of a court case. The decision about whether to expunge a case is up to the court.

There are two ways to ask for an expungement: 1) based on Minnesota Statutes, and 2) based on the court's "inherent authority." The interview tells you about both ways to ask for an expungement.

This interview asks you questions to help you show the court that your case meets the qualifications for both kinds of expungement. NOTE: Even if you show all of these things, it is still up to the court to decide if your case should be expunged.

You usually only get one chance to ask the court for expungement. Get all of the evidence you can and make your best and most complete request for expungement.

 Read the Expunging an Eviction Case Fact Sheet for more information.

To continue, click on the green Step 3 tab above.

Step 3

What Information Do You Need?
Before you start the interview, make sure you have the following information. 

1.   The "Register of Actions" for Your Eviction Case
      To get this paper, search for your case on the court's website:

  1. Go to: pa.courts.state.mn.us/default.aspx
  2. Click, "Civil, Family & Probate Case Records"
  3. If you know the case number, type it in the Case Number box.
  4. If you don't know the case number, select "Party" in the "Search By" drop-down menu and type in your first and last name
  5. Click on the link for your case. The document you see is the Register of Actions.
  6. Print this document or keep the window open so that you can use it during this interview.

2.   The Court Papers from Your Eviction Case

  • If you don't have the papers, go to the County Courthouse where your eviction was filed and ask them how to get the papers.
  • You can find the court information for your County at http://www.mncourts.gov/Find-Courts.aspx.

3.   Other Evidence about Your Case

  • If you had a written lease, try to get a copy of it. If you gave a copy of your lease to someone else, like the County for Emergency Assistance, ask them to give you a copy. 
  • This interview creates a document called an Evidence Checklist. The Evidence Checklist tells you what other evidence you should try to get to prove your case.

To continue, click on the green Step 4 tab above.

Step 4

What Does Your Computer Need?
This interview will only work on a desktop computer. If you only have a mobile device, go to a library or other location with a desktop computer and printer. If you are at a library, you can skip this step of instructions. Public computers already have these programs installed. If you are using your own computer, make sure your computer has the following:

1.   Microsoft Word or Word Viewer

If you don't have Microsoft Word, you can use Word Viewer to view, copy, and print your forms (but it won't let you make changes.) Click here to get Word Viewer for free.

(Note: Microsoft Word Pad is not the same as Microsoft Word and will not work with this program.)

2.   Adobe Flash Player

If you don't have Adobe Flash Player, click here to get the newest version for free.

To continue, click on the green Step 5 tab above.

Step 5

Click "Proceed" above to get to the guided interview. If you only want the form by itself, click this link: mncourts.gov