How to Seal an Eviction Record in Missouri?

Question from Bb, How to Seal an Eviction Record in Missouri?

Answer from AI:

If you have an eviction record in Missouri that was dismissed without prejudice and you wish to have it sealed, there are certain steps you can take. Sealing a record means that it will not be accessible to the public, which can be beneficial for future housing applications and background checks.

Understanding the Process

Before proceeding, it’s important to understand that the ability to seal an eviction record can depend on state law and the specific circumstances of your case. In Missouri, the process for sealing court records is governed by state statutes and court rules.

Steps to Seal an Eviction Record

1. Review Local Rules: Each county may have specific rules and forms for sealing records. You should start by reviewing the local rules of the Clay County 7th Judicial Circuit Court to understand the procedure.
2. Prepare a Motion: You will need to file a motion to seal the record. This is a formal request to the court asking for the eviction record to be sealed. The motion should include:
   • The case number and parties involved.
   • A clear statement that the eviction was dismissed without prejudice.
   • Reasons why the court should grant your request to seal the record.
   • Any supporting legal arguments or statutes that justify sealing the record.
3. File the Motion: Once the motion is prepared, file it with the civil records department of the Clay County 7th Judicial Circuit Court. There may be a filing fee associated with this process.
4. Serve the Motion: You may be required to serve the motion on the other parties involved in the original eviction case.
5. Attend a Hearing: The court may schedule a hearing to consider your motion. Be prepared to present your arguments and answer any questions the judge may have.
6. Obtain a Court Order: If the judge grants your motion, you will receive a court order sealing the record. Make sure to obtain a certified copy of this order for your records.

Legal Considerations

It’s important to note that not all eviction records may be eligible for sealing. The court will consider factors such as the interests of the parties involved, the public interest, and the reasons for the dismissal without prejudice.

Seeking Legal Advice

Because the process can be complex and the success of your motion can depend on how well you present your case, it is often advisable to consult with a legal professional. An attorney can help you understand your rights, the likelihood of success, and can assist in drafting and filing the motion.

Additional Resources

For more information on sealing records and the process in Missouri, you can refer to the Missouri Courts website. This site provides resources and information that may help you navigate the legal system.

Remember, while this information provides a general guideline, it is not legal advice. Each case is unique, and laws can change. Always consult with a legal professional for advice specific to your situation.