How to Seal Records in a Texas Divorce
To seal records is to conceal court documents that would otherwise be a matter of public record. Sealing records is not the same as expungement, common in criminal matters, where the records are destroyed or permanently sealed to clear the convicted individual's records. Rather, sealed records are removed from the public eye, although they can still be obtained through a court order. You can seal records in a Texas divorce matter if you would like to remove them from public viewing and you have a legitimate reason for doing so.
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Instructions
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Have a valid reason for sealing your divorce records. In Texas, you must prove that your need (not desire) to seal records outweighs the public's right and need to access the records, including any adverse effects the public may experience because of the concealment.
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Demonstrate that your divorce matter is an exception to the rules. Under the Texas Rules of Civil Procedure, records of family law matters are generally kept unsealed. You must show that keeping the records unsealed would be exceptionally detrimental to you, your former spouse or your children.
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Draft a Motion for Non Disclosure. This is a motion that asks the court to seal records that would otherwise be made a matter of public record. If you are unfamiliar with drafting motions, consult your divorce attorney for assistance.
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File the motion with the family court where your divorce was handled. There will be a filing fee for doing so, which varies depending on your county but averages between $10 and $25.
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Draft a public notice of your intent to have your divorce records sealed. This notice is to notify the general public of your motion, and afford the public a chance to argue against the concealment. The specific requirements for this notice are given in the Texas Rules of Civil Procedure Rule 76a(3). (See References at the end of this article.)
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Post your public notice in places where "meetings of county governmental bodies are required to be posted," per Rule 76a(3). You can ask the clerk of the court for help in determining what locations are required. Immediately after posting your notice, provide both the clerk of the court where you filed your initial motion and the clerk of the Supreme Court of Texas with a copy of the notice.
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Attend your motion hearing. Here, you will face the judge and argue your reason(s) for sealing your divorce records. Be prepared with documents and other evidence that can help prove your argument. If you have retained an attorney, he will attend the hearing and handle this step for you.
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Tips & Warnings
If you haven't already, consider retaining a family law attorney to assist you with the process to better your chances at successfully sealing records in a Texas divorce.
A desire to conceal your personal, familial or financial records is not a legitimate reason to request that your records be sealed.
