Sealing an Eviction

Individuals may file a motion to seal an eviction record under Toledo Municipal Court Housing Rule 5(N).

An individual may seal up to five cases in a lifetime.

You must file a separate motion for every case you are requesting to seal.

What do I need to file?

1. Your case number
2. The final outcome, or disposition, of your eviction case. You can find it on the clerk’s website at tmc-clerk.com
   1. Click on the link for “Case Information”
   2. Click on the link for “Civil Case Information”
3. The name and address for plaintiff or plaintiff’s attorney
   1. This can be found on the complaint (the very first document in the case) which you can view through the clerk’s website
4. The completed Motion to Seal Eviction Record and Motion to Seal Affidavit
5. The $3.00 filing fee (for each motion ex. Filing on two cases would cost $6.00)

Download the Motion to Seal Eviction form.

Fill out the form as follows:

Name: your name

Address: your address

Phone: your phone number

E-mail Address: your e-mail address

CVG-______-_________: the case number of your eviction case

1. I ask this Court to seal the eviction record because (check all that apply):

Select the option(s) that most closely match the outcome of your case.  Select all that apply to your case.

• The court dismissed or entered judgment in my favor on the claim for possession.
  Select this option if the case was dismissed or you were told you could stay in the property at the eviction hearing.

 Look for a journal entry similar to:

“Case called for hearing.  Case dismissed at Plaintiff's request.”

OR

“Case called for hearing.  Plaintiff present with counsel.  Defendant present without counsel.  Judgment to be entered for defendant for possession of property.”

• The landlord dismissed the claim for possession before adjudication of that claim.
  Select this option if your landlord dismissed the case before the eviction hearing.

 Look for a journal entry before the eviction hearing similar to:

“Case against John Doe and Jane Doe dismissed without prejudice.”

• The landlord agreed, in writing, to seal the record, and the Court has not sealed another eviction record for this reason in the last five years (a copy of that agreement is attached).
  Select this option if your landlord agreed to seal the case, you have that agreement in writing, and it has been five or more years since you had an eviction sealed as part of an agreement.

• The landlord prevailed on the merits of the claim for possession, and all of the following occurred:
  • The following extenuating circumstances led to the eviction
    Use the space provided to explain any specifics about what lead to your eviction that you think qualify the case for sealing.
    
    
• At least five years have passed since judgment was entered for the landlord:
  The case you are asking to have sealed was finished at least five years ago.
• At least five years have passed since I have had an eviction judgment entered against me in any jurisdiction
  It has been at least five years since you have been evicted from anywhere by any court.

Select this option if your landlord was granted the right to evict you and all three of the above statements apply to your case.

 Look for a journal entry similar to:

“Case called for hearing.  Plaintiff present with counsel.  Defendant present without counsel.  Judgment to be entered for plaintiff for possession of property.  Set out writ to issue at plaintiff's request.”

• Other

Select this option if you believe there is a reason to seal your case that isn’t already listed.  Use the space provided to explain why you believe your case should be sealed.

2. I have attached an affidavit attesting to the relevant facts. I acknowledge that submitting false or misleading information about any facts in the attached affidavit, or any other paperwork submitted to the Court, may be perjury.

 The affidavit is the second page of the Motion to Seal Form. Before signing the Motion to Seal Form read this statement and make sure that you believe it to be true.I have attached the following documentation to verify the grounds stated above:

3. Use the space provided to briefly list any additional documents you are including with your motion to support your request to seal the case.
   
   

   Signature: Sign the form

Certification: Put the name and address of the plaintiff or plaintiff’s attorney for your case. Write today’s date and sign the signature line.

Signing the certification states that you have mailed a copy of the motion, affidavit, and any additional documents to the plaintiff or plaintiff’s attorney.

1. Complete the Motion to Seal Affidavit. This is the second page of the Motion to Seal Eviction Form. 
   
   
2. Enter the case number in the space provided on the top right after the letters CVG.
   
   
3. Enter your name in the next blank after the word "I."
   
   
4. Make sure the statements in number 1 and 2 are correct. 
   
   
5. Under number 3, check the boxes that match the reasons reasons that apply to your case(s). 
   
   
6. If you checked 3(D), answer question 4. You do not need to answer this question if you did not check 3(D).
   
   
7. In section five include any other information that you want the Judge to know.
   
   
8. Unless you are e-filing, DO NOT SIGN THE AFFIDAVIT IN ADVANCE. You must sign the form in the presence of a Deputy Clerk of Court or Notary Public.

The filing fee is $3.00 per motion. Reminder: you must file a motion for each case.

The filing fee is payable by cash, check, money order or credit/debit card.  Check and money orders should be made out to Toledo Municipal Court.  Payments by debit or credit cards are subject to an additional 5% processing fee.

You can file your Motion to Seal Eviction via our e-file portal, in person, or by mail. The Court does not accept filings via email. 

E-file

You will need to create an account on the site. Instructions on how to create an account can be found here. 

1. Upload a pdf of the motion.
2. Your filing fee must be paid by credit or debit card. A 5% credit card surcharge will be added to the filing fee.
3. The affidavit must be signed.

In-person

The civil division is located in the basement of the Toledo Municipal Court located at:

555 North Erie Street
Toledo, OH 43604

 When filing in person you can bring a completed form or use the forms provided at the counter.  If you are completing the affidavit in advance either wait to sign the affidavit in the presence of a Deputy Clerk of Court or bring a notarized copy.

You will also need to bring the filing fee.

Mail

Clerk of Court
Civil Division
555 North Erie Street
Toledo, OH 43604

 When filing by mail you must include:

1. The notarized forms with one copy for every case you are requesting to seal
2. The filing fee

The Defendant (you) must serve a copy of the motion to seal to the Plaintiff or their attorney.  The certification at the bottom of the motion states that you have completed this step.  Please make sure you sign and date this portion of the Motion to Seal Eviction before you file the motion.

The Plaintiff has 17 days from the date of filing to respond to the motion.  Either party may request a hearing on the motion.  If no hearing is requested and the 17 days have passed the Judge will review the motion and issue a decision as their schedule allows.  You will receive notice of the decision at the address provided on the motion form.