Eviction Expungement Petition

EVICTION EXPUNGEMENT PETITION

Petitioner Name:   Petitioner Address:

Respondent (Landlord) Name:   Respondent Address:

Court Name:   Case Number:

County:   Date of Judgment/Order:

Recitals

WHEREAS, Petitioner seeks relief from the public record or court record of an eviction action identified above that is alleged to have resulted in an adverse tenant screening record or other collateral consequences; and

WHEREAS, the underlying eviction proceeding concluded by entry of a judgment, dismissal, settlement, or vacatur as reflected in the court file and related documents; and

WHEREAS, Petitioner asserts that expungement is warranted because the eviction record is inaccurate, was the product of mistake or identity error, has been vacated, has been satisfied under conditions that the parties agreed establish grounds for expungement, or because continued disclosure causes undue hardship inconsistent with governing law;

Now Therefore

Petitioner prays that the Court grant the remedy requested below and issue an order expunging, sealing, or otherwise limiting disclosure of the eviction record in accordance with law and the facts set forth in this Petition.

1. Jurisdiction and Venue

The Court has jurisdiction over this Petition pursuant to applicable state statute and rules governing relief from public record. Venue is proper in this Court because the property subject to the underlying eviction is located in this County and the underlying action was filed and adjudicated in this Court.

2. Statement of Facts

Address of subject property:

Tenancy period: From to

Date eviction filing:   Date judgment or order entered:

Judgment disposition (check all that apply): Dismissed Judgment for Plaintiff (eviction entered) Judgment Vacated or Set Aside Settled by Agreement

3. Grounds for Expungement

Petitioner asserts the following ground(s) for expungement (select applicable and provide supporting detail):

The record is factually inaccurate or lists the wrong individual.

The judgment or order has been vacated, set aside, or otherwise rescinded by the court.

The parties entered a settlement that included terms requiring expungement or non-disclosure.

4. Relief Requested

Petitioner requests that the Court enter an order that:

1. Expunges or seals the eviction judgment, order, and all related docket entries and indices from public access to the fullest extent permitted by law;
2. Directs all consumer reporting agencies, tenant screening services, and third parties to update their records to reflect the expungement;
3. Bars dissemination of the expunged record for tenant screening or other adverse tenant decisions;
4. Provides any further relief the Court deems necessary to restore Petitioner to the position prior to the challenged eviction record.

5. Service and Notice

Petitioner requests that notice of this Petition be provided to Respondent at the address listed above and to any counsel of record. Petitioner further requests that the Court permit service by the following method(s) as needed:

Service by personal delivery: Yes   Service by mail: Yes   Service by electronic mail: Yes

6. Supporting Documents

Petitioner attaches the following documents in support of this Petition and requests that the Court consider them as exhibits:

7. Hearing Request

Petitioner requests that the Court set this Petition for hearing. Preferred hearing date(s), if any:

8. Certification

I certify under penalty of perjury under the laws of this state that the foregoing is true and correct to the best of my knowledge. I further certify that the relief requested herein is not sought for purposes of delay or to prejudice any party.

9. Governing Law

This Petition and any order issued pursuant to it shall be governed by the laws of the state in which the Court sits. The Court retains jurisdiction to enforce, modify, or clarify any order entered in response to this Petition.

10. Entire Agreement; Severability; Amendments

This Petition constitutes the entire written request for relief by Petitioner with respect to the subject eviction record. If any provision of this Petition is held invalid, illegal, or unenforceable, the remainder of this Petition shall remain in full force and effect. Petitioner may seek amendment of this Petition to supply additional facts or correct clerical errors upon motion to the Court.

11. Waiver and Counterparts

No waiver by the Court or any party of any provision contained in this Petition shall be deemed a waiver of any other provision. This Petition may be executed in counterparts and facsimile or electronic signatures shall be treated as original signatures to the same extent as an original ink signature.

Signature and Acknowledgment

The undersigned hereby certify that they have read this Petition and that the foregoing statements are true and accurate to the best of their knowledge.

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