How to File a Motion to Unseal Court Records

To file a motion that would unseal court records, most judicial systems require a signed petition.

Court records are typically sealed to protect a piece of information that has been ruled confidential in either a criminal or civil case. Although many court cases and hearings are matters of public record and anyone has access to legal filings, some motions or items of evidence are sealed, and most juvenile court records are sealed. To file a motion to unseal court records, you must follow your state's or county's procedures, which may vary depending on the type of case and the type of records.

Instructions

1. Determine your state or county law and legal procedures when filing petitions for access to court records. Each state, as well as each county or city, may have its own procedures for unsealing records. The procedures also may vary depending on the type of case the records involve. Dupage County, Illinois, for example, has its own petition that you must fill out when seeking to unseal court documents related to adoption. Other types of cases, such as ones involving children or victims of assault, may be more difficult to unseal.

2. Fill out the necessary paperwork or draft a petition, depending on local procedural rules for filing motions. Some court systems already have paperwork that you can fill out; others may require you to draft a document stating why you want the records unsealed.

3. Be thorough if you are drafting your own petition. Include basic information such as your name, contact information, relationship to the parties involved if applicable, and the case number assigned by the court. Also include any evidence or findings that support why you think the information should be unsealed. This may include previous court cases, your own personal wishes, or the approval of witnesses or involved parties.

4. Take the motion to the appropriate office at the courthouse in the county where you are filing the motion. If unsure where to file the motion, begin at the clerk of courts office.

5. Attend the court hearing. Once you file a motion, there typically is a hearing that corresponds to that motion. The court sets the time and date of the hearing, during which you can further argue your case.

References

• Maryland State Bar Association: New Rules Open Court Records to Public
• Brown University: Sealing of Civil Records
• Dupage County, Illinois: Petition To Examine Impounded File
• The Reporters Committee for Freedom of the Press: Access to Juvenile Courts