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Brian777

Is it possible to get eviction expunged (CALIFORNIA)?

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If so how?  I fell behind two months in rent and have been trying to settle with the landlord but they wouldn't.  I lost the Unlawful Detainer hearing and am about to appeal (I believe mistakes were made at the trial).  I offered to pay all the back rent + their legal fees.  Aside from the trauma of being evicted, I REALLY don't want it on my record, because then I might have difficulty renting somewhere else.  If I pay everything in full, is there a way that the Court could *order* it expunged from my record so it doesn't show on my credit report?  Or would the landlord have to agree?   And if so what's it called, ie what motion would I have to make or petition would I file?  PS– I know, I should "Hire an attorney". I've been calling and calling attorneys but haven't found one yet who will take my case.

 

Update:  I'm researching and came across CCP 473(b) Motion to Vacate...would this be a viable option for me?

Edited by Brian777
to add info

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14 hours ago, Brian777 said:

Is it possible to get eviction expunged (CALIFORNIA)?

 

An eviction is an event, so it's not something that's even susceptible of being "expunged."  If you're asking about sealing the court's file relating to an unlawful detainer case, that can theoretically be done, but some extraordinarily out of the ordinary circumstances would be needed.

 

 

14 hours ago, Brian777 said:

If I pay everything in full, is there a way that the Court could *order* it expunged from my record so it doesn't show on my credit report?

 

I'm curious what distinction you appear to be drawing between "my record" and "my credit report."  In any event, the reason mentioned would not even come close to justifying sealing the court file.  You also need to keep in mind that, even if the case file were sealed, there would still be a public record of the case.  However, just because a UD case was filed and judgment was entered against you don't not mean it will show up on your credit reports or any other sort of "record."  The only way it will turn up on a credit report is if the landlord reports the judgment to one or more of the credit reporting agencies.  You likely can prevent that by paying what's owed in full ASAP.  You could even, if the landlord is willing, obtain an enforceable agreement not to report the judgment to the CRAs.  Of critical importance in this regard is that you resolve things with the landlord before the landlord records an abstract of judgment with the county recorder.  Once that happens, then it's entirely possible that the CRAs will learn about the judgment independent of the landlord.

 

 

14 hours ago, Brian777 said:

what motion would I have to make or petition would I file?

 

You'd make a motion to seal the case file.  However, as noted above, it's not going to happen absent extreme facts.

 

 

14 hours ago, Brian777 said:

I'm researching and came across CCP 473(b) Motion to Vacate...would this be a viable option for me?

 

No.  I'm guessing you didn't actually read CCP 473(b).  Had you done so, you'd know it's of no relevance to your situation.  It applies when "a judgment, dismissal, order, or other proceeding [is] taken against" a party as a result of "his or her mistake, inadvertence, surprise, or excusable neglect."  For example, if the court entered a default judgment against you because missed a court date because your alarm didn't go off because of a power outage, the court could vacate the default judgment and you'd be given an opportunity to defend yourself.

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