Evictions can be a serious mark on your rental record, and eviction on your public records can cause all manners of issues as you try to secure loans and housing. If you have recently been evicted, you might be wondering if there is any way to get rid of an eviction on your record.
Our article answers this question and gives you some additional important details about navigating an eviction’s impact on your records.
What Is an Eviction?
An eviction is a legal process that a landlord or property owner must go through in order to remove a tenant who has violated their lease either by not paying rent or by directly going against policies outlined in the lease. Evictions may also be served to individuals who are living illegally on properties but have the right to maintain their housing until they are formally evicted.
Evictions typically involve a civil court date, and tenants may be ordered off of the property in addition to adhering to a repayment plan or fines for their lease violations. Once an eviction has been filed and completed, this mark will end up on your public record.
Are Evictions on Public Records Forever?
Evictions are not part of your public record forever. While these incidents are viewable when someone looks at civil court records in your name or requests a background check report, they do disappear after around seven years.
Some states may allow for the early removal of evictions, while others may show evictions on certain types of background check reports for up to ten years. Check with your state’s laws directly for more information, and view your own public records to see if anything is still showing up that should have been removed.
If you don’t want to wait around seven years for an eviction to drop off your record, you can petition a background check reporting agency or even request an audience with a judge to get this removed from your record early. Typically, if you have completed any repayment plan and settled your eviction, you might be able to show this to a reporting agency as proof that the eviction should be removed from your record.
If you wish to appear before a judge at civil court, you will need the help of a lawyer and proof that you have settled your eviction. The lawyer can then petition for the details of your eviction to be sealed or expunged from your record before the seven-year time limit.
Can I Still Rent With an Eviction?
You can still secure rental housing even with an eviction on your record; it will likely just take longer to find a landlord willing to work with you.
You will generally have more luck with private landlords when renting with an eviction, as private landlords can be more flexible when it comes to the leasing terms and additional security deposits. Make sure to collect positive references and proof of income, and offer to explain the circumstances of the eviction to show that you are committed to avoiding another one in the future.
Can I Stop an Eviction From Happening?
It might be possible to stop an eviction from happening if you work with your landlord or property manager directly. This can be done by contacting your landlord the moment you receive an eviction notice and trying to work out a payment plan or other concessions that can help you pay back your rental debt without being officially evicted. If you show a genuine effort to repay your rent, some landlords might be more flexible and willing to halt eviction proceedings.
However, you should keep in mind that it is very situation-dependent, and some landlords or large property management companies may not be able to stop evictions once the process has started.
Knowing How to Get an Eviction Removed From Your Public Record
Dealing with an eviction is not something that any of us want to experience, but this can be an unfortunate part of life sometimes.
If you are going through the eviction process, it’s important that you attempt to work with your landlord and attend all court dates, as this can make the process smooth and earn you favor in civil court. You may need to hire a lawyer to help you navigate your eviction, and your lawyer can help petition a judge when it comes to minimizing the impact of an eviction on your future.
