1. Look at all of the court documents in your eviction case including the court’s decision. If you do not have a copy, go to the courthouse where it was filed and ask for one. There may be a cost for copies.
Does the court record show that the landlord did not have a good case? There are many defenses to an eviction case that help show the court that the landlord got the facts or law wrong. If possible, meet with a lawyer who knows about eviction cases to help you see any defenses you may have had to the eviction.
2. Download the Expungement Motion form.
- At the top, fill in:
- The name of the county
- The Plaintiff’s name or names (your landlord, or the owner) and the Defendant’s name or names (your name). These have to be filled in exactly as they are on the Complaint and Court Order form in the eviction case even if the names are spelled wrong.
- The file number of your eviction case
- Do not fill in the “Notice of Motion” section until the court gives you a hearing date.
- Fill out the rest of the form.
- Check the boxes and write in the details about your situation. You can check more than one of the boxes.
- Attach copies of any documents that help prove what you’ve said in the motion is true.
3. Go to District Court to file your Motion.
- Ask the clerk if you need to fill in the court date on the “Notice of Motion”. Some counties want you to fill in the date, and some counties don’t.
- Check with the clerk to see if a judgment was “entered” in your case. If so, some clerks also want you to fill out a motion to vacate the judgment. The clerk might tell you if you need to do this and give you a form.
- Ask the clerk for instructions on how to serve the “Motion” on the Plaintiff.
4. There is a filing fee for an expungement motion. If you have a low income, you can fill out a court fee waiver form (IFP). This form asks the court to waive the fees. The court has these forms or you can create one online.
Go to www.LawHelpMN.org/forms
Bring proof of your income, like pay stubs, or proof of government assistance.
Go to the hearing prepared. Bring any documents that you included with your Motion, and anything else that might help you prove your case. Bring any witnesses who can support your story.