REMOVE YOUR NAME from an EVICTION RECORD

#evictions #publicrecords #removeeviction

Evictions can damage a tenant’s ability to obtain housing in the future, especially if they are eligible for public housing offered by the government.

It’s no secret that most landlords, when considering a tenant application, will check the public record to see if you had any prior evictions.

If you have an eviction showing on the public record, it only makes sense that a landlord will deny your application for that reason.

Well, what can you do?

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Let’s talk about this topic.

In Wisconsin, where I am licensed, the courts will always consider an evicted tenant’s request to seal the record.

That means that a court will order the removal of your name from the public record.

The eviction will still show that the landlord filed an eviction, but the public record won’t show that it was filed against you.

I don’t know if your particular state would allow sealing of the public record, but it may be worth a try.

Here’s how it’s done and you don’t even need to hire a lawyer to do this.

Write a letter to the judge that handled your eviction case.

You would send it to the clerk of court for the county where your eviction case was filed.

Don’t wait too long. The request should be made if you went to court, or shortly after the landlord received an eviction judgment.

In the letter, make sure you indicate the case number so the clerk can deliver the letter to the correct judge.

State that you were recently evicted. If you moved out voluntarily after the eviction judgment, mention that as well in your letter.

Ask the judge if he or she would consider expunging, sealing or redacted the record, then state your reason for asking.

State in your letter that the eviction is causing you harm because it is affecting your ability to obtain housing in the future.

State that the record is public and that you believe that it is going to affect your ability to obtain public housing or your certification for public housing, if that is the case in your situation.

Make sure you sign the letter. Also, make sure that you print your name, address and phone number in the letter so that the court can contact you.

Now, the other party, that’s either the landlord or attorney for the landlord, must receive a copy of your request.

The other party has the right to object to your request.

Sometimes, when the court receives your request, they will send a copy of the letter to the other party, but you should forward a copy to the other party.

Here’s a word of caution before you do this: If you owe the landlord money, by writing this letter, the landlord is going to know where you live if they intend on suing you.

The court may order a hearing on your request. If they do, be prepared to argue in support of your request.

Here are some of the arguments:

One, you explain your dilemma. Your ability to obtain housing is in jeopardy.

Two, that any objection by the landlord should be disregarded. The landlord got his or her property back.

The landlord may argue that you still owe them money for back rent. That argument may hurt your ability to succeed.

If you don’t owe the landlord any money, then the judge may strongly consider and grant your request.

By making the request, you have nothing to lose and everything to gain.

Make sure that you are polite when addressing the Judge.

Removing your name from the public record of course depends on the facts of your eviction.

Your state may not allow expungment, sealing or redacting your name from a public record.

Check the laws in your jurisdiction.

If you can’t afford an attorney, there may be a legal society that provides free help for people involved in eviction actions.

Website:
https://robertflessas.com

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