How to Unseal Court Records in Minnesota
Unsealing court records is possible with legal research, knowing what to file and how to proceed if granted a hearing. The primary document used to unseal court records is a Motion to Unseal Court Records brief, which petitions the court in writing. This type of legal motion is similar from state to state, including Minnesota. You can file a Motion to Unseal Court Records in both criminal and civil court; however, the judge may not grant your request.
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Instructions
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Determine through legal research if Minnesota state law allows the court to unseal the records for your particular case. Courts seal records for many reasons: to protect one or more parties, confidentiality, privacy, for child custody and juvenile cases. Do not file a motion with the court if state law does not permit a judge to unseal court documents.
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Draft your motion, requesting the court to unseal court records. Title your motion with the heading, "Motion to Unseal Court Records." List the case number, identify the moving party and other parties from the case. Your motion needs a memorandum section that outlines why the court should grant your request. Also, include whether you are petitioning the court to unseal part or all court proceedings and documents. If it is not necessary to unseal the entire court file, then ask for a partial unsealing. A judge may look at this favorably.
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File your motion in person with the court clerk. Get a dated, time-stamped receipt. Pay applicable filing fees, if your court requires them. Mail a copy of the motion to all parties of interest.
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Go to the hearing. A judge may outright deny your request, but many times the court will order you to appear in person for a hearing. During the hearing, restate all your points, facts and legal statutes that support your motion.
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Tips & Warnings
File a notice with the court if you plan to represent yourself. In court and the legal profession, self-representation is known as pro se litigation.
Contact a qualified attorney if you do not go the pro se litigant path. Try to find an attorney who specializes in your particular type of case or in getting court records unsealed.
Visit a law library to conduct your legal research. Checking your local library's law section may also produce helpful research.
If your first request is denied, consider filing a second motion. Learn from the court's decision and adjust the words, arguments and facts in your second motion.
Avoid frivolous statements and arguments in your motion, as these may have legal consequences.
