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 Plaintiff’s action is sufficiently without a basis in fact or law;
- Placing the court file under seal is clearly in the interests of justice; and
- Those interests are not outweighed by the public’s interest in knowing about the record.
See below for examples.
| Requirements | Examples |
|---|---|
| The Plaintiff’s action is sufficiently without a basis in fact or law. | 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. |
| Placing the court file under seal is clearly in the interests of justice. | 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. |
| Those interests are not outweighed by the public’s interest in knowing about the record. | 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.
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.