HB 73

Abstract

Unlawful detainer; expungement; entering of an order without further petition or hearing. Provides that in unlawful detainer actions filed in the general district court, if the 30-day period following the dismissal of such an action has passed or if a voluntary nonsuit is taken and the six-month period following such nonsuit has passed, the court shall, without further petition or hearing, enter an order requiring the expungement of such action, provided that no order of possession has been entered. The bill provides that if a judgment is entered in favor of the defendant, such defendant may petition the court for an expungement pursuant to the petition process under current law. Additionally, the bill retains the petition process existing under current law for unlawful detainer actions commenced prior to July 1, 2024, for which the court still has records.

Unlawful detainer; expungement; entering of anorder without further petition or hearing. Provides that in unlawfuldetainer actions filed in the general district court, if the 30-dayperiod following the dismissal of such an action or entry of a judgmentin favor of the defendant has passed, or if a voluntary nonsuit istaken and the six-month period following such nonsuit has passed,the court shall, without further petition or hearing, enter an orderrequiring the expungement of such action, provided that no order ofpossession has been entered. Under current law, prior to any suchorder being entered, the defendant must first file a petition requestingthe expungement. The bill provides retains the petition process existingunder current law for unlawful detainer actions commenced prior toJuly 1, 2024, for which the court still has records.

Unlawful detainer; expungement; entering ofan order without further petition or hearing. Provides that inunlawful detainer actions filed in the general district court, ifthe 30-day period following the dismissal of such an action has passed,or a voluntary nonsuit is taken and the time in which such actionmay be recommenced has expired, the court shall, without furtherpetition or hearing, enter an order requiring the expungement ofsuch action, provided that no order of possession has been entered.Under current law, prior to any such order being entered, the defendantmust first file a petition requesting the expungement.