What You Need to Know About Sealing: Taking the Eviction Off the Public Record
An eviction has long-lasting consequences. Once an eviction case is filed, it becomes part of the public record, making it harder to rent in the future. A process called "sealing" allows tenants to hide eviction cases from public view. We'll explore the importance of sealing eviction records, how it can be done, and answer common questions about the process.
Why Seal Your Eviction Record: When a landlord files an eviction case, it goes on the public record, which is the Clerk of the Circuit Court of Cook County's website. Landlords often conduct background checks on potential tenants, so having an eviction on the public record can make it harder to rent. A tenant can prevent others from seeing or knowing about the case by sealing the eviction record.
- Removing the court file from the public record does not change a background check or credit report that was run before the file was removed from the public record.
- Sealing does not prevent a landlord from reporting a debt owed or giving a negative reference to a future landlord.
How to Seal Your Eviction Record: Sealing an eviction record is not an automatic process, and it requires a judge's approval. Typically, judges prefer to keep records public, but they may consider sealing a case based on certain circumstances. For example, if a landlord initiates an eviction after a foreclosure, the judge must seal the eviction file. Tenants can also try to persuade the judge to seal the record by showing that they meet the standard. Another way to seal an eviction record is through a settlement agreement reached between the tenant and the landlord.
Mandatory Reasons for Sealing: Sometimes, sealing an eviction record is mandatory. The judge must seal the eviction file if the eviction occurred due to a foreclosure. Also, residential evictions filed during the COVID emergency period between March 9, 2020, and March 31, 2022, must be sealed.
Frequently Asked Questions:
- How can I seal my eviction record?
- How long does an eviction stay on the public record in Illinois?
- What if my record is sealed, but why do landlords still deny me housing?
- If I have a settlement agreement with the landlord, but I didn't do my part, will it still be on my record?
- Can I pay to seal the record?
- How can I avoid an eviction on my record?
NOTE: Remember to ask for help from legal professionals for advice specific to your situation to ensure the best possible outcome.
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.