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  1. #1

    Default Can You Get a Dismissed Eviction Case Off of Your Record

    My question involves an eviction in the state of: Illinois

    I am trying to move and found out that there was an eviction filed against me back in 2011, when I applied at a apartment complex that I wanted to move into in cook county IL. Doing some research I found out that the eviction was dismissed in court 2 weeks after it was filed, and the apartment complex that file it is one the that asked to dismiss it. I never got any paper work on it and never knew it was there. I have now got the court paper that says that it is dismissed as well as it saying that the complex ask to dismiss it, but want to know is there any way that I can get it off my record as I never got paper work for it.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Get a Dismissed Eviction Case Off of Your Record

    You can try filing a motion with the court to try to convince the court that sealing the record would promote a compelling government interest that outweighs the heavy presumption that an order sealing the record is unconstitutional, but it's difficult to see how you could meet that standard. The mere fact that a court record is public or that the allegations in a pleading are potentially damaging or embarrassing has traditionally been held not to justify an order sealing a record.

    There's also a history to the case. While we don't know what happened in your case, very often this sort of record is created after a tenant is served with a notice to quit and does not respond to the notice in a timely manner, but ultimately resolves the matter (e.g., by paying overdue rent or by moving out) before the eviction case is served. The landlord then dismisses the case to avoid incurring service fees, legal fees and additional court costs.

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