H-27 Expunging Evictions pg.3
Which kind of expungement should I ask for?
• You should always ask for an “inherent authority” expungement.
• If there was something wrong with the landlord’s case, you should ask for a “statutory”
expungement and an “inherent authority” expungement.
• You should only ask for a “mandatory” expungement if the case was after a foreclosure or
cancellation of a contract for deed.
How do I know if something was wrong with my landlord’s case?
You should ask for a “statutory” expungement if there was something wrong with your landlord’s
case. Lots of things could be wrong with your landlord’s case. The landlord’s case could have wrong
facts or wrong law, or both.
• Wrong facts. The landlord’s case had important facts wrong.
Like, the landlord said you didn’t pay your rent on time or
broke your lease, but you know these facts are wrong.
• Wrong law. The landlord’s case had important laws wrong.
Like, the court papers weren’t served the right way, or the
case was about nonpayment of rent but there were things at
the property that needed repairs.
What should I put in my expungement papers?
You need to convince the judge that you deserve an expungement. Be specific about how this case
record has affected your life. You have a better chance of getting an expungement if you give lots
of details about your situation. Talking about these kinds of things will help your chances of getting
an expungement:
• How the eviction was because of a hard time in your life, like job loss, medical problems, or
divorce.
• If you still live at the property the eviction was about.
• If this is the only eviction ever filed against you.
• If the case is old and you haven’t had any recent evictions.
• If you settled the case and did everything you agreed to in the settlement agreement.
• If you paid the landlord everything you owe
• How the eviction makes it hard for you to find housing – list how many times you have been
denied housing because of eviction(s) on your record and how much money you spent on
application fees.
• Why safe, stable and affordable housing is important to you and your family, and how the
eviction keeps you from finding housing.