Can I Expunge a Minnesota Eviction?

Can I Expunge an Eviction From my Record in Minnesota?

The short answer is yes, Minnesota evictions can be expunged (sealed), meaning that they no longer appear on a tenant’s record. Having an eviction record often prevents tenants from obtaining housing and can interfere with an assortment of background checks. However, Minnesota does provide a means to remove evictions from a tenant’s civil record if the tenant qualifies.

What is an Expungement?

Expungement means removing or sealing the record of a public court case so that it is no longer accessible to the public. If an eviction case is expunged, someone conducting a background check or otherwise looking at public records will no longer be able to see the eviction.

What are the Types of Expungements?

Minnesota has three types of expungements that a court may grant: Inherent Authority Expungements, Statutory Expungements, and Mandatory Expungements. These types of expungements all have different requirements and may be granted in different situations.

First, Inherent Authority Expungements can occur based on an eviction judge’s inherent authority to control its own case records. The judge can weigh whether the benefit to the tenant of having the case expunged outweighs the public’s right to know about the case, and may issue an expungement simply based on this decision.

Second, a Statutory Expungement is based on Minnesota Statutes Section 484.014 which requires a judge to consider the same factors as an Inherent Authority Expungement. Basically, a judge will consider the benefit to the tenant as well as the detriment to the public in granting an expungement, and issue an order accordingly. The judge must also consider whether the case was originally without basis or was improperly brought. If the judge finds that the case was brought without basis in law or fact, the judge may issue an expungement.

Third, a Mandatory Expungement is also based on Minnesota law and directly relates to foreclosure or contract for deed cancellation. If a tenant qualifies for a Mandatory Expungement, the judge must grant the expungement. However, most tenants looking for expungements do not fall into this category as a this type of expungement applies to tenants in a very narrow category.

How do I Obtain an Expungement?

There is a specific Minnesota court process that must be followed in order to obtain an expungement. A tenant must file a motion for expungement and submit appropriate accompanying documents to the court as well. The tenant must also serve the landlord or the landlord’s attorney, so that the landlord can have a chance to object to the expungement. The documents must then be filed with the district court and any filing fee must be paid. The court will then usually schedule a hearing where the tenant may appear and explain to the judge why they should be granted an expungement. The landlord will also be granted the opportunity to argue against the expungement.

It is often wise for tenants to pay off any outstanding rent or judgment owed to the landlord before filing as many judges are reluctant to grant an expungement with rent owed. Additionally, paying off owed rent may prompt the landlord to agree with or support the expungement which can make it significantly easier for a tenant to have their eviction case expunged.

There is no guarantee that a Minnesota judge will grant an expungement, so it is important to seek the assistance of an experienced Minnesota eviction expungement attorney if you are involved in an eviction expungement matter. Landlord-tenant attorney John E. Roach has handled numerous eviction expungements and is happy to assist with your expungement matter. If you are seeking an eviction expungement, call John at 651-468-2103 or submit our online consultation form.