Step-by-Step Guide: How to File a Motion to Seal an Eviction
A motion is a written request to the court to ask for a decision. They can be filed online or in person with the clerk of the court.
- Prepare the documents.
- Motion: Explain why the judge should seal the case. Is it discretionary? Is it mandatory?
- Notice of Motion: The landlord must be notified.
- File the two documents online with the help of Illinois Court Help or at the local courthouse. An additional document needs to be filed to waive the court filing fees.
- Wait for the Clerk’s office to return stamped copies of the motion and notice by email.
- Print the motion and notice.
- Sign and date the Certificate of Service on the notice. The date is the day that the documents are mailed to the landlord.
- Mail the two documents to the landlord by certified mail and regular mail.
- Attend the court date and present the motion.
- If the judge grants the motion, send a Sealing Order to the judge/clerk’s email.
- Wait for the signed court order. Call the Clerk’s office two weeks later if you don’t receive anything.
- Check the Clerk’s website (aka the public record) to see if you can still search your name and case number after the judge grants the motion to seal. This may take weeks. Call the Clerk’s office if it’s not updating.
- Dispute the credit report by sending a copy of the sealing order to the credit reporting agency.
NOTE: One possible risk of filing a motion to seal is when a tenant owes the landlord money for back rent. If they have not been trying to collect the money, they might try again to get money because the motion will contain information like a tenant’s new address.
For help with preparing a motion:
- Call CARPLS at 312-738-9200.
- Use an online program.
- Reach out to our Rentervention Housing Help Desk at 866-773-6837 and share a few details that shows that the standard can be met.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.