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Expunging Indiana Eviction Cases

Expunging Indiana Eviction Cases

On March 18, the governor signed Public Law 164 (formerly known as House Bill 1214) into law. This new law allows for the expungement of the eviction records of some tenants. Prior to this statute’s passing, if you had ever been involved as a tenant in an eviction action, it could be seen by prospective landlords during a background check. This means that landlords, who tend to be risk-averse in approving tenants could see that someone had an eviction action commenced against them no matter the outcome of that action.

Did a landlord begin an eviction proceeding because you were a little late on rent and then abandon it because you caught up? Prospective landlords could see that. Did you have an eviction wrongly brought against you that the court dismissed? Prospective landlords could see that. Did you win your case in an eviction effort by a former landlord? You guessed it, landlords could see that too. And they could hold every one of those against you, no matter the outcome.

However, the new law changes that. While it does not offer any relief for tenants who were successfully evicted, it does offer recourse for those whose evictions were dismissed or overturned. If you have ever been the party of an eviction action that did not result in your eviction, you may now petition the court to have that record redacted and expunged.

This law will benefit thousands of wrongly maligned renters across Indiana, by helping them clear up their records. This will allow these individuals to once again become eligible for better rental opportunities. If you think that you could benefit from this new law, please call the attorneys at McNeely Law for assistance.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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