Expunging an Eviction Case

Expungement means removing the record of a court case from the public view. If your eviction court case is expunged, then someone searching court files cannot find a record of your eviction case. Courts sometimes expunge eviction cases, but it can be hard to get an expungement.

Eviction cases used to be called “unlawful detainers” (UDs). Some records might show that you have UDs, this is the same thing as an eviction. 

A judge (or referee) decides if a case can be expunged. The law lists things you need to show the judge in order for the judge to expunge a case. But, even if you show all of the things the law says, it is still up to the judge to decide yes or no.

There are a few rare exceptions when a judge has to grant an expungement. They are listed in the section on the next page, Mandatory Expungement.

There are 3 kinds of expungement you can ask for.

• “Inherent authority”
• “Statutory”
• “Mandatory”
   

If it fits your situation, you can ask for more than one type of expungement.

• You won the case. The case was dismissed or you won after a trial.

• You moved before the eviction case was served.

• You settled the case and you did everything in the settlement agreement.

• Your landlord agreed not to fight the expungement. Your landlord can’t give you an expungement, but the landlord’s agreement not to fight the expungement can help.

There are 3 kinds of expungement you can ask for.

• “Inherent authority”
• “Statutory”
• “Mandatory”

If it fits your situation, you can ask for more than one type of expungement.

“Inherent Authority” Expungement
This kind of expungement comes from the court’s power to manage its own case records. The court decides if expunging the case for you (the tenant) is more important than future landlords knowing about the case. The judge has the power to decide if they do or don’t want to expunge the case.

“Statutory” Expungement
This kind of expungement comes from the law. The law says that court does the same test as it does in an “inherent authority” expungement: is expunging the case for you (the tenant) more important than future landlords knowing about the case? If the answer is yes, AND there was something wrong with the landlord’s case, then the court can expunge the case. The judge has the power to decide if they do or don’t want to expunge the case.

“Mandatory” Expungement
This kind of expungement also comes from the law. The judge has to expunge your case if you prove:

• The property was in foreclosure or contract for deed cancellation

• The eviction case was only about you staying at the property too long (holdover), not about nonpayment of rent or breaking your lease (breach), and

• At least one of the following is true:
  1. The foreclosure redemption period or time for contract cancellation is over. You moved out before the eviction case was served.
  
  2. You were a tenant during the foreclosure redemption period or contract cancellation period. Your lease began after the landlord’s mortgage or contract for deed began. You were not given proper notice to end your lease, or you were given proper notice to end your lease, but the eviction case started before the date the notice said you needed to move.
   

Note: In foreclosure cases a minimum of 90 days’ notice is usually required. In contract for deed cases, a 12 months' notice is required. If you’re not sure if you were given proper notice see our fact sheet, When your Landlord Loses the Building: Mortgage Foreclosure and Contract for Deed Cancellation.

• You should always ask for an “inherent authority” expungement.

• If there was something wrong with the landlord’s case, ask for a “statutory” expungement too.

• You should only ask for a “mandatory” expungement if the case was after a foreclosure or cancellation of a contract for deed.

You should ask for a “statutory” expungement if there was something wrong with your landlord’s case. Lots of things could be wrong with your landlord’s case. The landlord’s case could have wrong facts or wrong law, or both.

• Wrong facts. The landlord’s case had important facts wrong. Like, the landlord said you didn’t pay your rent on time or broke your lease, but you know these facts are wrong.

• Wrong law. The landlord’s case had important laws wrong. Like, the court papers weren’t served the right way, or the case was about nonpayment of rent but there were things at the property that needed repairs.

You need to convince the judge that you deserve an expungement. Be specific about how this case record has affected your life. You have a better chance of getting an expungement if you give lots of details about your situation.

Talking about these kinds of things will help your chances of getting an expungement:

• If the eviction was because of a hard time in your life, like job loss or medical problems.

• If you still live at the property.

• If this is your only eviction.

• If the case is old.

• If you settled the case and did everything you agreed to in the settlement agreement.

• If you paid the landlord everything you owe

• How the eviction makes it hard for you to find housing
  • list how many times you have been denied housing and how much money you spent on application fees.
     
• Why safe, stable and affordable housing is important to you and your family, and how the eviction keeps you from finding housing.

Paying what you owed does not take the case off your record. Paying what you owe does not guarantee expungement.

It’s a lot harder to get a case expunged if you still owe the landlord money. It’s usually best to wait to ask for an expungement until after you have paid back the landlord.  If your current situation is really bad, the judge might expunge your case even if you still owe the landlord money.

Sometimes, the judge in the eviction case orders you to pay the landlord. This is called a money judgment. Before the landlord can ask the court to collect this money from you, they have to go to conciliation (small claims) court. This is called “docketing” or “transcribing” the judgment. They then have 10 years to collect the judgment from you. Sometimes, landlords won’t do this step until the tenant asks the court to expunge a case. If you still owe the landlord money, try to talk to a lawyer first before filing your expungement motion.

Even if you get the case expunged, the debt you owe to the landlord might show up on a credit report. Many landlords check both credit reports and eviction records when they are renting someone an apartment.

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.

• Sign your Motion.

• 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

• Click on Court Fee Waiver (IFP)
   

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.

Check the court records to be sure that the case was removed. The court clerk will tell you when your case will be expunged and how to check the record to make sure that it was removed.

A tenant screening company can’t report an eviction once the company knows it has been expunged. Download the "Letter to Tenant Screening Companies." Print this and make 12 copies. Sign them and send one with a copy of your expungement order to each of the tenant screening agencies listed on the top of the letter. Keep the original letter or a copy for your records.

If you get turned down for an apartment, find out what tenant screening agency the landlord used. Call that screening company to make sure they are not reporting the expunged eviction case. See our fact sheet Tenant Screening for more information.

The law gives the judge a lot of power in deciding expungements. Even if you think you have a good case, the law says the judge can still say “no” if this is what they decide to do. The only time the judge has to expunge the case is if it is a “mandatory” expungement about a foreclosure or contract for deed. If you disagree with the judge’s decision and want to appeal, there is a good chance that the next court up will affirm (agree with) the judge’s choice. If you think the judge did not consider all of the information or did not use the law right, you should talk to a lawyer to see if you should appeal.

You can try to expunge the case again after some time has passed and there are more things that make expunging the case for you (the tenant) more important than future landlords knowing about the case. These can be things like time being homeless, money spent in application fees, or being denied housing at more places.

See our fact sheets Looking for an Apartment and Tenant Screening, about finding an apartment with an eviction on your record. Try to find landlords who don’t charge application fees and don’t use tenant screening services.

You have the right to add a statement to your tenant screening record explaining any evictions on your record. Make sure your tenant screening report is correct. It may have other wrong information about you.

Tenant screening companies can report evictions for 7 years, and landlords can check court files directly for as long as the court keeps records of old eviction cases. Ask the company to fix any errors in the report.