How to Seal an Eviction Record in Michigan

If you've faced an eviction in Michigan, it can be challenging to rent a new home. Sealing your eviction record can improve your chances with future landlords and protect your rental history. This article explains, in plain English, how Michigan renters can request to have their eviction records sealed, the official forms involved, and where to get support.

Understanding Eviction Records and Sealing in Michigan

An eviction record is created when a landlord files a case to remove a tenant from a property. This record can follow you for years, even if you later win your case or resolve the dispute. In Michigan, tenants can ask the court to seal an eviction record in certain situations, meaning it will no longer be visible to potential landlords or background check companies.

Who Handles Eviction Sealing Requests?

Eviction cases and sealing requests in Michigan are managed by the Michigan District Court. This court also provides official forms and guidance for tenants. Michigan's landlord-tenant laws are found in the Michigan Truth in Renting Act and the Michigan Summary Proceedings to Recover Possession of Premises statute.^1,2

Requirements for Sealing Your Eviction Record

Not all eviction cases are eligible for sealing. Generally, Michigan courts may consider sealing a case if:

• The eviction was dismissed
• You won the eviction case
• The case was settled and you followed the settlement terms
• Extraordinary circumstances apply (such as identity theft, or the case was filed in error)

Even if you lost your case, you may still apply to seal your record by showing good cause, such as hardship or long-term consequences.

Which Form Should Renters Use?

• MC 405 - Motion to Set Aside or Seal Eviction Case
  When and how to use: Use this form to ask the district court to seal an eligible eviction. For example, if your eviction was dismissed, you can use MC 405 to request the court to remove the case from public record.
  Download the MC 405 Form (PDF)

After you complete the form, file it with the district court that handled your eviction case. The court may schedule a hearing where you can explain why the record should be sealed.

Step-by-Step: How to Seal an Eviction Record in Michigan

Here is how you can start the process to seal your eviction case record in Michigan:

• Get a copy of your eviction court record from the district court that handled your case.
• Download and complete the MC 405 - Motion to Set Aside or Seal Eviction Case.
• File the completed MC 405 form with the court clerk's office. There may be a filing fee—ask the clerk about current charges or if you qualify to waive fees.
• The court will set a hearing date. Attend the hearing, and be ready to explain why the record should be sealed (for example, the eviction was dismissed or hardship will result from keeping it public).
• If the judge grants your request, the eviction record will be sealed and removed from public databases.

Are There Limits to Sealing?

Remember, a judge decides whether to grant your request. Sealing an eviction record is not automatic, and courts consider your circumstances and the legal reasons for sealing. Some serious cases, like those involving property damage or repeated filings, may not be eligible.

FAQ: Sealing Eviction Records in Michigan

1. Can anyone seal their Michigan eviction record?
   Not everyone qualifies. Courts usually seal records if the eviction was dismissed, you won, or there are unique hardships.
2. How long does the process take?
   It can take a few weeks to a couple of months, depending on the court’s schedule and whether a hearing is required.
3. Will sealing my record erase it from all databases?
   Sealing removes the eviction from public records and court databases, but some private background check companies may need time to update their files.
4. Do I need a lawyer to seal my eviction?
   No, you can file the motion yourself, but you may benefit from legal advice, especially if your case is complex.
5. Does sealing cost money?
   There may be a small filing fee. However, you can ask the court clerk about fee waivers if you cannot afford it.

Conclusion: What Michigan Renters Should Remember

• You may be able to seal your eviction record in Michigan if your case meets certain requirements.
• Use official court forms and file with your district court.
• Sealing is not automatic—be prepared to explain your situation and provide supporting documents.

Sealing your eviction record can open doors to rental opportunities and a fresh start.

Need Help? Resources for Renters

• Michigan District Court Locator – Find your local court to file forms.
• Michigan Legal Help – Sealing Eviction Records – Step-by-step guidance and answers.
• Michigan State Housing Development Authority – Tenant Counseling – Free help for renters.

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1. Michigan Truth in Renting Act
2. Michigan Summary Proceedings to Recover Possession of Premises statute

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