How to Remove an Eviction from Your Record in Florida
The presence of an eviction on your Florida record creates numerous challenges for homeownership and credit applications and job opportunities.
There exist legal options available to deal with evictions by removing them or making them confidential while reducing their power.
Florida residents need to follow this straightforward guide to clean their records while rebuilding their housing prospects and taking control of their life.
Does Florida Allow Evictions to Be Deleted from Public Records?
Yes, in many cases.
The Florida state government enables people to seal their eviction records after specific situations which include a dismissed case or legal victory or incorrect filing.
Important Note: Florida distinguishes between public court records and tenant screening reports. You must address both records for a complete elimination of an eviction’s effects.
The Need to Eliminate an Eviction from Your Record
- Improves rental opportunities
- Protects your credit score
- Removes barriers in job applications
- Reduces long-term legal and financial risks
Your eviction record remains active unless you specifically work to remove or seal it even after resolving your eviction case.
Florida residents need to follow this process to eliminate evictions from their records.
Step 1: Check Your Public and Credit Records
Begin with the identification of all items listed in your record.
- Florida Court Records Search: The Florida Courts Online Portal allows users to retrieve their eviction history.
- Credit Reports: Obtain free credit reports by visiting AnnualCreditReport.com for information from all three major credit bureaus.
- Tenant Screening Agencies: CoreLogic and Experian RentBureau, along with TransUnion SmartMove represent examples of tenant screening companies from which you should request reports.
Step 2: Determine the Outcome of Your Eviction Case
Florida’s eviction law permits unique approaches based on the outcome of your case:
If Your Case Was Dismissed or Dropped
Your record qualifies for sealing or expungement.
If a Final Judgment Was Entered Against You
The process becomes harder but still possible to complete.
The process requires a motion to vacate judgment or stipulated dismissal negotiations with your landlord.
Step 3: File a Motion to Seal or Expunge the Record
The court has the authority to seal or expunge your eviction record when the case was dismissed or settled or when you obtained a favorable ruling.
How to Do It:
- Submit your Petition to Expunge or Seal through the same court that handled the eviction proceedings.
- Your application needs to include both your case number and dismissal documents and evidence supporting your claim.
- The county determines filing costs ranging from $60 to $100 based on your location.
Florida Statutes Section 943.0585 provides the legal basis for expungement.
Tip: Court hearings may take place during this process. The court requires evidence demonstrating how the record harms your life and why it should be sealed.
Step 4: File a Motion to Vacate the Judgment (If Applicable)
You can seek to lift a lost eviction judgment by submitting a Motion for Relief from Judgment according to Florida Rule of Civil Procedure 1.540.
This may work if:
- You weren’t properly served
- You didn’t attend the hearing because of legitimate reasons
- You’ve since paid what was owed or reached a resolution
The Florida Motion to Set Aside Judgment (Form 1.987) serves as your reference for filing the necessary court documents.
Step 5: Negotiate a Stipulated Dismissal with Your Landlord
When an eviction case remains unresolved or both parties want to settle the matter they can file for a stipulated dismissal.
Here’s how:
- The settlement agreement with your landlord involves rental payment settlement or voluntary property departure.
- Both parties need to execute the dismissal stipulation.
Submit the court with the signed stipulation for the official dismissal of the eviction case.
This dismissal can then be used to file a petition to seal the record.
Step 6: Let Time Work in Your Favor
If none of the legal options work, time still works in the sense that it minimizes the eviction’s impact on your credit score:
- Credit Report: It takes seven years for evictions to be removed from your credit report.
- Tenant Screening Reports: You can request corrections or removals after a few years of good rental history.
- Court Record Visibility: Court cases are public but if they are old, then the landlords attach less importance to them.
More information is available from Florida Law Help’s Housing Resources
What You Can Do While the Eviction Is Still on Your Record:
You may not be able to get an eviction off your record right away, but you can still market yourself as a good renter:
Write a Letter of Explanation
Be truthful as to what happened and how you have done it.
Attach it with proof of stable income and references.
Offer Higher Deposit or Advance Rent
This builds trust with landlords and shows financial commitment.
Use a Co-Signer or Guarantor
Getting someone with good credit to co-sign for you may improve your chances of being approved.
Show Proof of Rent Payments Since the Eviction
This will show that you have paid rent consistently in the recent past.
Frequently Asked Questions (FAQs)
Can an eviction be expunged in Florida?
Yes, for instance, dismissal, case error, or the court grants your petition to seal or expunge the record.
How long does an eviction stay on your record in Florida?
- Credit report: Up to 7 years
- Public record: Possibly forever unless sealed
What if I paid off the debt after an eviction?
You may be able to get a stipulated dismissal or file a motion to vacate if both parties agree.
What’s the difference between sealing and expunging?
- Sealing hides the record from public view
- Expungement deletes it entirely from the system
Sealing is more common for eviction cases in Florida.
Can TPS Help Remove an Eviction from My Record in Florida?
Yes.
TPS offers professional assistance to tenants dealing with the legal eviction removal in Florida.
Our team can help with:
- Filing motions to seal or vacate
- Drafting settlement agreements
- Preparing for court hearings
- Advising on the best next steps
Reclaim Your Future: Clean Your Record Today
An eviction may seem like the end of the road, but it is not.
Florida law provides some means to assist you in fixing your record, getting your housing back and have your peace of mind.
Whether you are sealing a dismissed case, bargaining with your landlord or filing a motion to vacate you are not alone.