Removing Eviction Records in Washington D.C. After a Wrongful Filing

Evictions in Washington D.C. are legal processes that involve both the landlord and tenant. If you were the victim of a wrongful eviction, you may be concerned about how to address the aftermath and remove any negative records that may result. Here’s how to navigate this complex process and take legal action to protect your rights.

Understanding Eviction Court Orders and Public Records

Eviction court orders are not simply documents drafted by the landlord. They are official court judgments that must be validated and recognized by the court. If the landlord does not follow proper procedures, it is highly unlikely that the court would issue an eviction order. This is crucial when considering the legitimacy of past filings and the steps needed to rectify any erroneous entries.

Can You Clear Court Records After a Wrongful Filing?

The answer is no, you cannot simply "clear" the court records because they are a public docket of paperwork filings. However, you can take steps to ensure that these records do not harm your future endeavors. Here are some actions to consider:

Opting Out of Background Reports

One of the most effective ways to mitigate the impact of these records is to opt out of being included in background reports. Key companies like LexisNexis, Sagestream LLC, CoreLogic, and Teletrack sell background reports, so you should contact these companies to remove your information. Additionally, take steps to break any associations tied to the former address and establish new credit profiles. By doing this, you can minimize any ongoing negative impacts on your background and credit history.

Filing a Motion to Set Aside the Court Order

An alternative option is to file a motion to set aside the court order. This involves requesting the court to suppress the case so that it does not appear in online records. While the court may not grant this motion, it will create a legal record of the attempted suppression, which could be valuable in future disputes. This process may require legal representation to increase the chances of a successful outcome.

Disputing With Credit Bureaus

Another critical step is to dispute the eviction with the three major credit reporting agencies: Experian, TransUnion, and Equifax. Provide the agencies with a written filing disclosing the landlord's error or type up an affidavit stating that the eviction was in error. Request that the landlord sign and notarize the document, then send a copy to each credit bureau certified mail, return receipt requested. Under the Fair Credit Reporting Act, credit bureaus must remove the derogatory information within 30 days. If they fail to do so, you can file a complaint with the Federal Trade Commission (FTC).

Legal Action Against the Landlord

Given the sensitivity and impact of erroneous eviction filings, taking legal action against the landlord is also an important step. You can sue the landlord for libel in small claims court, demanding that they be held accountable for including false statements about your possession in the court filings. The financial burden of defending the case may discourage the landlord from continuing to make false claims in the future.

Finally, it is important to remember that legal advice is essential in these situations. Consulting with a tenant rights attorney can provide you with invaluable guidance and support in navigating the complexities of disputing and removing eviction records in Washington D.C.

Good luck as you work to correct the mistakes and rebuild your reputation and credit history.