Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
The expungement process is used for criminal convictions. An unlawful detainer (UD) action is a civil matter. Although having a UD action filed against you is not favorable, what would really hurt your credit is if you lose the case and have a judgment entered against you. You need to properly defend the case on its merits. If you prevail, judgment will be entered against your landlord and hurt his/her credit. If your lease contains an attorney's fees provision, upon prevailing you will be able to recover your attorney's fees from your landlord. Be sure to consult your own attorney to protect your legal rights.
No. As Attorney Mashal indicates, expungement can only be used for criminal convictions. An unlawful detainer (UD) action is a civil matter.
Although cases dismissed within the first 60 days are sealed, the same is not true after the 60 days, or if you lose.
After the 60 days have transpired, you cannot get an unlawful detainer lawsuit removed from public records. And it will certainly hamper your ability to rent again in the future.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.