How Do I Expunge an Eviction?
Full Question:
Answer:
Eviction is a civil, rather than criminal matter, therefore, expungement doesn't apply. Expungement is the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.Once expunged, the records cannot be accessed for general law enforcement or civil use. The records are to be expunged by destroying the fingerprint cards, photographs, and documents relating exclusively to the person. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved for constitutional reasons shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court. Records of arrest, including any fingerprints or photographs of the individual taken in relation to the arrest can be expunged. However, incident reports or other records that a crime was committed or reported to law enforcement will not be expunged.
You may file a request with the court to have a satisfaction of judgment entered. After the satisfaction is entered, if it still appears on the credit report, you may dispute the report as being inaccurate and the reporting agency must investigate and correct any erroneous information.
Under The Fair Credit Reporting Act, the information provider is required to investigate and report the results to the CRA. If the information is found to be incorrect, it must notify all nationwide CRAs to correct your file. If the investigation does not solve your dispute, ask that your statement concerning the dispute be included in your file. A notice of your dispute must be included anytime the CRA reports the negative item.
Erroneous information that is verified as erroneous must be dropped from your credit report after being disputed as erroneous. Under the Fair Credit Reporting Act (FCRA), unverified information must be deleted. However, if a party is on record with the debtor as being liable for a debt and defaults in payment, the default in unlikely to be found erroneous unless the creditor had reason to know the party was no longer liable as a debtor on the account.
The following is from the Fair Credit Reporting Act:
§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
(a) Reinvestigations of Disputed Information
(1) Reinvestigation Required
(A) In general. Subject to subsection (f), if the completeness or accuracy of any
item of information contained in a consumer's file at a consumer reporting
agency is disputed by the consumer and the consumer notifies the agency
directly, or indirectly through a reseller, of such dispute, the agency shall,
free of charge, conduct a reasonable reinvestigation to determine whether
the disputed information is inaccurate and record the current status of the
disputed information, or delete the item from the file in accordance with
paragraph (5), before the end of the 30-day period beginning on the date on
which the agency receives the notice of the dispute from the consumer or
reseller.
(B) Extension of period to reinvestigate. Except as provided in subparagraph
(C), the 30-day period described in subparagraph (A) may be extended for
not more than 15 additional days if the consumer reporting agency receives
information from the consumer during that 30-day period that is relevant to
the reinvestigation.
(C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall
not apply to any reinvestigation in which, during the 30-day period
described in subparagraph (A), the information that is the subject of the
reinvestigation is found to be inaccurate or incomplete or the consumer
reporting agency determines that the information cannot be verified.
(2) Prompt Notice of Dispute to Furnisher of Information
(A) In general. Before the expiration of the 5-business-day period beginning on
the date on which a consumer reporting agency receives notice of a dispute
from any consumer or a reseller in accordance with paragraph (1), the
agency shall provide notification of the dispute to any person who provided
any item of information in dispute, at the address and in the manner
established with the person. The notice shall include all relevant
information regarding the dispute that the agency has received from the
consumer or reseller.
(B) Provision of other information. The consumer reporting agency shall
promptly provide to the person who provided the information in dispute all
relevant information regarding the dispute that is received by the agency
from the consumer or the reseller after the period referred to in subparagraph
(A) and before the end of the period referred to in paragraph (1)(A)....
...(5) Treatment of Inaccurate or Unverifiable Information
(A) In general. If, after any reinvestigation under paragraph (1) of any
information disputed by a consumer, an item of the information is found to
be inaccurate or incomplete or cannot be verified, the consumer reporting
agency shall–
(i) promptly delete that item of information from the file of the consumer,
or modify that item of information, as appropriate, based on the results
of the reinvestigation; and
(ii) promptly notify the furnisher of that information that the information
has been modified or deleted from the file of the consumer.
