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Expungement of Unlawful Detainer Record
Expungement of an eviction case may be addressed in Housing Court. The purpose of an expungement is to remove the record from public access. An expungement will not result in the destruction of the eviction record.
A tenant can seek to have an eviction expunged by two methods.
- If the expungement was addressed at the eviction hearing, the Referee may allow the expungement motion to be handled by affidavit. This process is usually conditioned on the tenant successfully complying with all the conditions of an agreement, settlement, and/or the Court's decision and order. If successful, the tenant may submit a request for expungement by affidavit and the matter is addressed administratively. Notice of the Court's decision will be mailed to all parties after it has been reviewed. The option for an expungement by affidavit must be specifically included in the Decision and Order.
- Click here to obtain an Affidavit of Compliance. This form must be signed by the plaintiff/landlord or an agent/attorney for the plaintiff/landlord. This signature must be notarized.
- Tenants may file a Notice of Motion and Motion for Expungement of Eviction Record. This action requires the tenant to take the following steps:
- Complete the Notice of Motion and Motion for Expungement of Eviction Record form. To do so, you must show the following:
- That the landlord's case was without sufficient basis in law or fact;
- That expungement is clearly in the interests of justice, and
- Those interests are not outweighed by the public's interest in knowing about the record.
- The motion must be served on the plaintiff a minimum of 10 (ten) days before the hearing. A hearing date may be obtained from the Housing Court Office (Room 170, Ramsey County Courthouse, 15 West Kellogg Blvd, downtown St. Paul, MN, 55102).
- The Affidavit of Service proving that service was made on the opposing party must be filed with the Court at least 3 (three) business days before the hearing.
- If you have not yet paid a filing fee, you must pay a filing fee of $320.00 to file the motion.
- Click here to obtain a Notice of Motion and Motion for Expungement of Eviction Record Form.
If an expungement is granted by the Court, the order is stayed for 60 days. This is to allow the opposing party to file an appeal of the Court's decision before the record is removed from public access. If an appeal is not made, the expungement order will automatically go into affect after the 60 day waiting period.
Once the expungement order goes into effect, the case will be removed from public access. The case may not be accessed by the public, including the plaintiff/landlord and defenant/tenant.