Indianapolis Eviction Expungement Lawyer
Have you ever paid your rent a few days late? Did your landlord start eviction proceedings then abandon them after you paid? You may not realize this, but the record of the landlord filing an eviction lawsuit still exists on the public record. This means that a future landlord–or anyone else for that matter–could find out you were once the subject of an eviction proceeding.
Up until recently there was little that tenants could do to address this mark on their record. But in 2022, the Indiana legislature adopted a new law that provides for the sealing of eviction filings in certain cases. If you are looking to protect your own record, the Indianapolis eviction expungement attorneys at Rigney Law LLC may be able to help.
New Law Makes It Possible to Seal Records of Unsuccessful Eviction Lawsuits
To be clear, the new Indiana law does not help tenants who have actually been evicted from their homes. Rather, the law applies to situations where an eviction lawsuit is either abandoned or dismissed by the landlord, or where a court has ruled in the tenant’s favor. This includes situations where an eviction is overturned on appeal. Basically, as long as there is no court judgment finding the tenant owes the landlord money, the tenant can file for an expungement.
Expungement has long been available for criminal records in Indiana. But while criminal expungement requires an extended waiting period, an eligible tenant can immediately seek to seal the record of their eviction case. The 2022 law states that immediately upon dismissal or judgment for a tenant in an eviction case, the tenant can ask the court to issue an order prohibiting the disclosure of any records in the case. If the expungement order is granted, then no record may be disclosed to any member of the public without a court order.
The legislature also made the eviction expungement law retroactive. What this means is that if you had an eviction lawsuit dismissed prior to when the law took effect in July 2022, you can still seek relief from the court. But again, the law does not protect any tenant who was successfully evicted.
Contact Rigney Law Today
Getting a previously dismissed eviction lawsuit expunged can be a lifesaver for many Indiana residents struggling to find housing. Landlords often conduct background checks of potential tenants. And even if a lawsuit never led to an actual eviction, the mere record of such a case is often enough to reject an applicant as untrustworthy, or in some cases demand the applicant pay an additional security deposit.
If you are in this position and need legal advice on what steps to take to protect your good name, we can help. Our Indianapolis eviction expungement lawyers can walk you through the process of sealing your record so that it never has to become public knowledge to a future potential landlord or other private party. Contact Rigney Law LLC today to schedule an initial consultation.