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Get unlawful detainer case expunged from records?
Anonymous5 views2 answers
My landlord filed an unlawful detainer suit against me about four weeks ago. An aside, but an important one: the suit is retaliatory for complaints I made to the housing department. The landlord demanded I withdraw the complaints or he would sue for eviction.
OK, back to where we were: He has not set the case for trial. I called him to ask when he was going to set the case for trial and he said he would not set the case for trial-that he intended to destroy my credit by having the (unheard) unlawful detainer case on my record. He then repeated his demand: withdraw the complaints and he would drop the case.
Assuming 60 days pass and the UD becomes public record, can I move to have it expunged after a judge issues an OSC and dismisses the charges? How would I do this?
(Cont'd in comments)
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The expungement process is used for criminal convictions. An unlawful detainer (UD) action is a civil matter. Although having a UD action filed against you is not favorable, what would really hurt your credit is if you lose the case and have a judgment entered against you. You need to properly defend the case on its merits. If you prevail, judgment will be entered against your landlord and hurt his/her credit. If your lease contains an attorney's fees provision, upon prevailing you will be able to recover your attorney's fees from your landlord. Be sure to consult your own attorney to protect your legal rights.
No. As Attorney Mashal indicates, expungement can only be used for criminal convictions. An unlawful detainer (UD) action is a civil matter.
Although cases dismissed within the first 60 days are sealed, the same is not true after the 60 days, or if you lose.
After the 60 days have transpired, you cannot get an unlawful detainer lawsuit removed from public records. And it will certainly hamper your ability to rent again in the future.
