Sealing an Eviction Record in Missouri: Renter's Guide

If you have an eviction on your record in Missouri, it can make finding housing more difficult. Thankfully, Missouri law now allows certain eviction records to be sealed, giving renters a chance for a new start. This guide explains the process for sealing an eviction record in Missouri, what paperwork is needed, and which tribunal handles these requests.

Understanding Eviction Records and Sealing in Missouri

Eviction records are public court documents showing that a landlord filed to remove you from a rental property. These records are often viewed by future landlords or employers. In Missouri, under specific circumstances, renters can request the court to seal or "expunge" an eviction record, making it unavailable to the public.

Who Can Seal an Eviction Record?

Missouri law allows renters to ask the court to seal eviction records if:

• The eviction action was dismissed or decided in your favor
• The landlord did not win a judgment for possession
• You were evicted for reasons that are now non-criminal or not your fault
• The record is at least three years old and you have not had another eviction in the past three years

Missouri's courts review each sealing request carefully. Some eviction records, especially those involving illegal activities, may not be eligible for sealing.

Which Tribunal Handles Eviction Record Sealing?

Eviction cases and motions to seal records are managed by the Missouri Circuit Courts. Each county has its own circuit court where eviction cases are filed and records are kept.

Steps to Seal an Eviction Record in Missouri

The process involves filing a motion with the court and, in most cases, attending a hearing. Here’s how you can get started:

• Obtain a copy of your eviction record: Contact your county's Circuit Court Clerk or search on the Missouri Case.net portal.
• Download and complete the Motion to Seal Eviction Record (Form 17.46): This is the official form to request the court seal your eviction record.
• File the form with the Circuit Court: Submit your completed form to the clerk in the same Circuit Court that processed your eviction.
• Attend the court hearing (if scheduled): The judge may set a hearing. Be prepared to explain why your record should be sealed.
• Receive the judge’s decision: The court will notify you if your eviction record has been sealed.

Official Missouri Court Form: Motion to Seal Eviction Record

• Form Name: Motion to Seal Eviction Record
• Form Number: 17.46
• When to Use: Use this form if your eviction case meets one of the criteria above, such as a dismissed case or a judgment in your favor.
• Example: If your landlord filed for eviction, but the case was dismissed, you may fill out Form 17.46 asking the judge to seal that record so future landlords won't see it.
• Download the Motion to Seal Eviction Record (Form 17.46 here)

Missouri Legislation Protecting Renters

Motions to seal eviction records in Missouri are governed by Missouri Revised Statutes Section 517.161, and broader landlord-tenant relationships are regulated by Chapter 535 of the Missouri Revised Statutes.

FAQ: Sealing Eviction Records in Missouri

1. Can all eviction records in Missouri be sealed?
   No. Only eviction cases that meet certain criteria—such as dismissed cases or those where the tenant prevailed—may be sealed. Each case is reviewed by a judge.
2. How long does it take to seal an eviction record?
   It depends on the court’s schedule, but most motions are decided in a few weeks to a few months, especially if a hearing is required.
3. Does sealing my eviction record remove it from all databases?
   Sealed records are no longer available to the public, but government agencies and the court can still access them in certain cases.
4. Will I need to attend a court hearing to seal my eviction record?
   In most cases, yes. The judge may schedule a hearing to discuss the details of your request.
5. What happens if my motion is denied?
   If denied, you may ask the court if there is an appeal or reapplication process. Carefully follow the judge’s instructions.

Need Help? Resources for Renters

• Missouri Circuit Courts Directory
• Missouri Courts: Self-Help Services
• Legal Services of Missouri for free or low-cost legal advice
• Missouri Attorney General: Landlord-Tenant Law

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1. Missouri Circuit Courts Information: Missouri Circuit Courts Directory
2. Sealing/expungement per Missouri Revised Statutes Section 517.161
3. Landlord-Tenant Law: Missouri Revised Statutes, Chapter 535
4. Motion to Seal Eviction Record (Form 17.46): Download Form
5. Missouri Courts: Self-Help Services

Key Takeaways:

• You can request to seal an eviction record in Missouri if you meet specific legal criteria.
• Use the official Motion to Seal Eviction Record (Form 17.46) and file it with the Circuit Court.
• Consider contacting local legal services for help with your application.

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