Often I get asked whether a civil judgment can be expunged. The short answer is no, but the rules of civil procedure provide procedures to mitigate the adverse effects of civil judgments. When a criminal charge is expunged, the file is erased to the extent the existence of the charge is no longer available as a public record. Only limited law enforcement agencies have access to the record of an expunged file.
There is no procedure available to erase a civil file aside from placing a file under seal, but motions for relief from judgment can be a useful tool. Often times civil judgments are resolved for less than the amount of the judgment in a settlement. The most common procedure to remove the judgment is filing of a satisfaction of judgment with the court. This will have the effect or removing the lien and judgment execution rights associated with a civil judgment but the scar upon your credit can remain.
A motion for relief from judgment can result in a prior judgment being stricken or vacated. The elimination of a judgment can help improve credit scores to be able to do a real estate closing. Even if purchase of real property is not your goal, most property managers run credit checks on potential tenants. An old eviction judgment can negatively impact your ability to secure housing even if you do not owe a monetary judgment. The grounds for relief from judgment range from mistakes in the judgment to the interests of justice. Notably, Rule 60(b)(5) allows for relief from judgment in the event of settlement or satisfaction of judgment.
When debts reach the level of legal actions and judgments attorneys can help begin credit repair efforts.