Minnesota Notice of Motion and Motion for Expungement of Eviction Record
Definition and meaning
The Minnesota Notice of Motion and Motion for Expungement of Eviction Record is a legal document filed by a tenant seeking to remove an eviction record from public access. This motion is critical for individuals who may have faced eviction but want to clear their records in order to improve their housing opportunities in the future.
How to complete a form
To properly fill out the Minnesota Notice of Motion and Motion for Expungement of Eviction Record, follow these steps:
- Fill in the judicial district and court file number at the top of the form.
- Provide the names and addresses of both the plaintiff (landlord) and defendant (tenant).
- Indicate the date and time for the hearing.
- Detail your motion request clearly, explaining why the expungement is justified by addressing the necessary points.
- Attach any supporting documents required by the court.
Legal use and context
This form is used within the legal system of Minnesota to formally request the sealing of eviction records. It serves as a safeguard for tenants who have faced unjust evictions or who have made significant changes that warrant the removal of their eviction record for future housing applications.
Who should use this form
The Minnesota Notice of Motion and Motion for Expungement of Eviction Record should be used by tenants who have an eviction record that they believe to be unjust or not reflective of their current circumstances. It is particularly beneficial for those who have demonstrated stability since the eviction and wish to prevent the record from hindering their ability to secure future housing.
Common mistakes to avoid when using this form
When completing the Minnesota Notice of Motion and Motion for Expungement of Eviction Record, users should be cautious of the following common mistakes:
- Failing to complete all required sections, which can result in delays.
- Not providing sufficient justification for the expungement request.
- Neglecting to attach necessary supporting documents.
- Missing the deadline for submitting the motion.
What documents you may need alongside this one
When filing the Minnesota Notice of Motion and Motion for Expungement of Eviction Record, it is essential to gather any supporting documents that may strengthen your case. These might include:
- Proof of payment of any outstanding rent.
- Letters of reference from landlords or employers.
- Affidavits supporting your claims regarding the eviction.
- Documentation of any changes in circumstances since the eviction.
Form popularity
FAQ
There are a number of steps both landlords and tenants must take in an Eviction Action: The landlord must file a complaint against the tenant in district court. At least seven days before the court date the landlord must have someone else serve the tenant with a summons ordering the tenant to appear in court.
Removing an eviction from your public record actually isn't that difficult. If you have an eviction record that will show up in your background check, you can petition the court in the county where the case was filed to have the record expunged, or sealed.
Tenant screening companies can report evictions for 7 years, and landlords can check court files directly for as long as the court keeps records of old eviction cases. Don't use this fact sheet if it is more than 1 year old.
In general, an eviction from start to finish takes fewer than 30 days in Minnesota, but some cases do take longer.
You can remove your eviction from your public record by petitioning the court, winning your case or disputing an inaccurately reported eviction.Win your case: If the landlord served you an eviction notice without a legal or valid basis, prove that.
Under Minnesota Statutes Section 484.014, you can motion the court to have the unlawful detainer removed from your record. You will have to prove that you did not live in the apartment at the time the unlawful detainer action was brought.
Look at all of the court documents in your eviction case including the court's decision. Download the Expungement Motion form. Go to District Court to file your Motion. There is a filing fee for an expungement motion.
Tenant screening companies can report evictions for 7 years, and landlords can check court files directly for as long as the court keeps records of old eviction cases. Don't use this fact sheet if it is more than 1 year old.
How much does an expungement cost in Minnesota? The court filing fee for an expungement application in Minnesota is $325, but this can vary by county, so your MN expungement attorney can double check the fees wherever you need to file.