Step-by-Step Guide: How to Seal an Eviction After an Eviction Order
It doesn’t matter if the eviction case ended six months ago or 30 years ago. A tenant needs to file a motion to seal.
It is up to the judge’s discretion whether to grant the motion. 735 ILCS 5/9-121(b). A tenant needs to persuade the judge that they satisfy all three requirements:
- The landlord got the facts or law wrong in the eviction case; and
- It is more important to keep the court file from being seen by the public than it is to allow the public to see it.
See below for examples.
| Requirements | Examples |
| The landlord got the facts or law wrong in the eviction case. | The landlord never gave the tenant an eviction notice. The tenant did not owe money when the landlord filed the eviction case. The landlord did not serve the tenant with the eviction summons and complaint. The tenant was a minor who legally could not enter contracts. |
| It is more important to keep the court file from being seen by the public than it is to allow the public to see it. | Landlords need to follow the law for eviction. A tenant should not be punished when they did not violate the lease. Other problems led to the eviction (e.g., illness, domestic violence, etc.). Minors should not be punished for something they didn’t agree to. The record affects a person’s ability to find housing. Positive facts that suggest why the eviction should not continue showing on a tenant’s record. |
To find out the next steps to filing a motion to seal, click here.
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