Shut It Down: How You Can Seal Your Court Records

All court proceedings are public—that's the default. Anyone with time to visit the local courthouse and make a request at the records desk has been able to view them.

Since the advent of digitized records and the internet, of course, visiting happens across all 50 states at the tap of a button or two. It's one thing to accept that a private detective or a nosey neighbor can see your records in person at the courthouse, and quite another to know your docs are viewable to anyone worldwide with an internet connection.

Someone with a criminal or civil conviction naturally has an interest in getting the record sealed. If you were arrested but not convicted, or the charges were dismissed, you're even more motivated to have the mark removed from your record.

Once a record is sealed, in some states the contents are legally considered never to have happened.

The requirements to seal court records vary from jurisdiction to jurisdiction, and even between civil and criminal cases. Keeping records public has the protection of the First Amendment, so anyone who would like to have their record hidden (sealed) or destroyed (expunged) must convince the court of certain facts. In some states, a motion to seal is more likely to succeed in civil cases than criminal.

California lawyer Frank W. Chen writes, "Before sealing an entire court file, the court must find an 'overriding interest' that supports the sealing, and must make certain express findings"

To paraphrase from a typical state ruling [California Rules of Court, 2.550(d)], in order to seal records, the court must find that:

1. An overriding interest exists to overcome the public's right to see the record;
2. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;
3. The proposed sealing is narrowly tailored;
4. No less restrictive means exists to achieve the overriding interest.

Often, sealed records can still be viewed by court order or other limited means, but as far as the public is concerned the documents do not exist.

Records Commonly Sealed

The law restricts public access to certain records automatically, such as the proceedings in family court, where minors are involved. Some states will also seal (or make it easy to seal) juvenile criminal records. Cases using the witness protection program, cases involving trade secrets strong enough to imperil the survival of a company or industry, and cases involving state secrets are also commonly sealed.

We must also note that some courts hastily "rubber stamp" the request to seal when both parties had previously agreed upon terms of confidentiality. These seals are invalid but stubbornly remain until a third party has the time and information to challenge them.

"It's one thing to accept that a private detective or a nosey neighbor can see your records in person at the courthouse, and quite another to know your docs are viewable to anyone worldwide with an internet connection."

Steps to Sealing Records

Requirements vary from state to state, but here's an overview of what you usually need to do.

1. Get the form. Search for the phrase "how to seal court records in {your state}" to find the website or PDF form to fill out.
2. Get copies of your records as described on the above form, and identify the records you want sealed. Your state may allow the sealing of civil or criminal cases, or both. Some convictions can't be sealed (sexual offenses, DUI, etc.). On the other hand, some convictions are relatively easy to seal or even expunge, such as convictions for cannabis.
3. Fill out the form. Those four short words encompass a much longer effort on your part, but there's no moving forward without the paperwork.
4. File the form either in person, by mail, or online, as outlined in your state's instructions.
5. Be prepared for a court date in case the county where you were arrested schedules them automatically. Some counties only schedule court dates when there's an objection to your request, such as from the law enforcement agency involved.

"Some convictions are relatively easy to seal or even expunge, such as convictions for cannabis."

It's Worth a Shot

As you know by now, record sealing isn't easy. The person seeking secrecy is battling the public's First Amendment right to know about legal proceedings.

Still, the mechanism for sealing and expunging records exists so that people can get on with their lives free of an undue burden.

If you have a compelling reason why your records should be sealed, you owe it to yourself to ask the court. Judges have discretion to seal all or a portion of the information.

Takeaways

• Records are public by default, and requirements to seal them vary by state but are generally steep.
• A court date may be required.
• A judge who won't seal a whole record may agree to seal the portion with your most sensitive info.