How Long Does an Eviction Stay on Your Record?

Author: Todd Christiansen | Category: Post Eviction

In Minnesota, an eviction stays on your civil record for 7 years.  It will most likely hit your rental history search within 24 hours after the eviction is completed in court.  The eviction does not go on your credit history, just your civil record.  Kind of like a speeding ticket.

I have a couple thoughts about this.  While a landlord may see an eviction on your record from 4-5 years ago, it doesn’t mean that they will hold it against you.  Time solves everything.  If you can show good rental history and good income since the eviction, that helps.  I also recommend that you are up front with the prospective landlord before filling out a rental application.  Tell them about the eviction and circumstances surrounding it.  It is much better to be up front than for the landlord to find out after they run your application, wasting his time and your money (application fee).

The only other way to get the eviction record removed quicker is to have the case expunged from your record.  To do this, you need to file an expungement order which is a court order from a judge to seal the eviction case from the civil court records.  Any screening service would no longer be able to find this eviction.

Expungements are given at the sole discretion of the judge hearing the case.  Three criteria must be met for you to be successful in winning an expungement case:

  1. You must be able to show that the landlord did not have the legal right or factual basis to evict you.  While this information should have come out at the original eviction court case, maybe something new has come to light.
  2. Removing this eviction is in the interest of justice.  In other words, you have fixed the wrong or the wrong against you should be fixed.
  3. By expunging the eviction, it will not unduly harm, mislead, or deceive the public or hurt the public interest.

You must file with the court and pay the filing fee ($322 in Hennepin County) to get a hearing date.  Here are some solid reasons that the judge  may remove the eviction from your record:

  • You have resolved the issue with your landlord.  This is most often fixed by paying the landlord the rent that you owe them.  You should get a letter from your landlord saying that they agree to removing the eviction.
  • You did not show up for court and the judge entered a default judgement against you, but you had a valid excuse such as death in family, hospitalization, incarceration, etc.  Just not showing up or having to work is not a valid excuse.  You must bring documentation to court.

It is your job to figure out how or why the judge should grant you an expungement.  They will not do it for you and unless you hire an attorney, no one else will either.  The landlord has the right to be present at this court hearing and present evidence to get the judge to deny your request, although I can’t imagine that happens often.  If you are already out of the building, why would care.

An eviction stays on your record 7 years in Minnesota.  You can get it shortened by filing for an expungement.  Otherwise, time will simply lessen the impact.

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