Minnesota Notice of Motion and Motion for Expungement of Expungement of Eviction Record
Definition and meaning
The Minnesota Notice of Motion and Motion for Expungement of Eviction Record is a legal document that individuals can use to request the court to remove an eviction record from their public files. This process allows individuals who have faced eviction to seek a fresh start by erasing the associated legal records, which can impact their credit and housing opportunities.
How to complete a form
Completing the Minnesota Notice of Motion and Motion for Expungement involves several key steps:
- Fill in your court's details, including the judicial district, case type, and court file number.
- Clearly state your requests for expungement and provide detailed reasons supporting your case.
- Ensure all necessary documents and supporting affidavits are included with your motion.
- Sign the document, preferably in front of a notary public or court administrator.
By following these steps carefully, you can increase the chances of your motion being granted.
Who should use this form
This notice and motion are intended for individuals who have eviction records in Minnesota and believe they are eligible to have those records expunged. Users may include:
- People who have successfully resolved their eviction cases.
- Individuals seeking to improve their housing prospects or credit reports.
- Anyone who believes their eviction record lacks sufficient legal basis.
Before proceeding, it's advisable to consult with legal counsel to determine eligibility.
Key components of the form
The Minnesota Notice of Motion and Motion for Expungement contains essential sections, including:
- Case Information: Identifying details about the court and case number.
- Motion Requests: Specific requests for expungement, including reasons supporting your need for expungement.
- Verification and Acknowledgements: Statements confirming the truthfulness of the information provided and that the document is not being used for improper purposes.
Completing each section accurately is vital for the motion's success.
Common mistakes to avoid when using this form
When filling out the Minnesota Notice of Motion and Motion for Expungement, be mindful of these common errors:
- Failing to provide sufficient detail in the motion requests, which may result in denial.
- Not attaching necessary supporting documents or affidavits.
- Omitting personal information or signing the form incorrectly.
- Inaccurate completion of the verification and acknowledgments section.
Carefully reviewing the completed form can help prevent these issues.
What to expect during notarization or witnessing
When finalizing the Minnesota Notice of Motion and Motion for Expungement, notarization might be required. Here's what to expect:
- You will need to present a valid photo ID to the notary.
- The notary will review your motion, ensuring it's completed correctly before signing.
- Make sure to sign the form in the presence of the notary.
Having the document notarized establishes its authenticity and is an important step in the legal process to expunge your record.
Benefits of using this form online
Utilizing the Minnesota Notice of Motion and Motion for Expungement form online has several advantages:
- Convenience: Access the form anytime and anywhere, reducing the need for in-person visits.
- Guidance: Many online platforms provide step-by-step instructions, making the form completion easier.
- Time-saving: Quickly download and fill out the form, speeding up the expungement process.
Taking advantage of online resources can simplify your legal journey considerably.
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FAQ
Typically unless you've done something to "reinstate" the tenancy (such as the acceptance of rent for a period after the date of termination then statutorily the notice is still relevant.
How Long Does an Eviction Stay on Your Record? Generally, an eviction report will remain part of your rental history for seven years. If you are in the process of applying for a lease, ask the landlord or leasing company to tell you the name of the tenant screening company they use.
An eviction can stay on your public record for at least seven years. After this period, evictions fall off your public records, including your credit report and rental history. Evictions can impact your credit score and your ability to rent, but there are ways to improve your chances of renting after an eviction.
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.
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.
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.
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.
Dismissed evictions can be expunged from a tenant's record as the court would likely find that it is in the interest of justice to remove evictions that were not complete.