When your landlord files an eviction case against you, this becomes a public record. To get the eviction off your record, you will have to get a judge to seal it. This means that the circuit clerk won't let anyone see or know about the eviction case.
Why should I seal the record of my eviction?
It is risky to keep an eviction on your record because:
- It can appear on your credit history;
- Banks and future landlords may blame you for the eviction; and
- It might be harder for you to get a loan or rent a new apartment.
This might happen even if your landlord didn't have a good reason to file an eviction case against you.
When shouldn't I seal the record of my eviction?
If you owe money for rent to the new owner who evicted you, you may not want to get your record sealed. If you seal your record, you will have to contact the new landlord and he may try to collect rent from you. But, you do not need to pay rent if the new landlord did not send you written notice. The written notice must explain that they are the new landlord and how to contact them.
Am I eligible to have the record of my eviction sealed?
If your landlord went through foreclosure, and you were evicted by the new owner, you should be eligible. You may also be eligible if you can show that the landlord had no reason to file the eviction in the first place.
How do I seal the record of my eviction?
Some, but not all courts automatically seal foreclosure-related evictions. If not, you will need to file a motion. This is called a Motion to Seal Court Records. You can use this Seal Record of Eviction in Case of Landlord Foreclosure program to help you fill out this motion.
If you want to seal your eviction file, but you were not evicted because of a foreclosure, you will need to use our general motion process to fill out your motion.
When do I have to file the motion to seal the record of my eviction?
Generally, the Motion to Seal Court Records should be filed within 30 days of going to court. However, the judge most likely will seal an eviction on your record up to 2 years after your court date.