How to Seal or Destroy a Civil Court Record

Not all court records can be sealed.

Sealing the court records in a civil case involving you allows you to keep the details of the case free from discovery by the general public or any other party who might be interested in them. Not all cases can be sealed, as the presumption is that court records should be accessible to everyone. The procedure to have a court record sealed or destroyed varies by state, so know what your state requires.

Things You'll Need

• Motion
• Court order
• Certificate of service
• Verified statement

Instructions

1. Locate all of the court records you want to seal by identifying the case caption, the docket number, all of the parties involved and the place where the records are stored.

2. Draft a motion in accordance with your local rules of civil procedure requesting that the court seal or destroy the record. Include a cover sheet, a factual background of the case, the reasons why the record should be sealed or destroyed and any other material required.

3. Draft an order of court to be signed by the judge and attach it to your motion to seal the record. The order should include a case caption and state exactly what you want the court to do with the record so the judge can sign the order at once if she agrees with your position.

4. File your motion to seal or destroy the court record at the department of court records of the court where the record is kept. Pay any filing fees and bring extra copies of the motion. The court will schedule a date for you to present your motion.

5. Send notice to all of the parties involved in the lawsuit that you have asked the court to seal the record. (Be sure to send the notice within the time frame specified by your state.) Attach a copy of your motion and order, a certificate of service, a verified statement and any other formal paperwork required.

6. Attend your hearing to argue your position as to why the record should be sealed. Bring extra copies of your motion and order for the court and bring relevant case law supporting your position.

Tips & Warnings

• It is easier to persuade a judge to seal a court record than to order the record destroyed, so proceed accordingly. Some jurisdictions have form motions to seal a court record. Check your local rules.

• Considerations for sealing or destroying a civil court record differ among jurisdictions. Consult an attorney before you proceed with your motion.

References

• Massachusetts Trial Court: Public Access to Court Records
• Nevada Courts: Rules Governing Sealing and Redacting Court Records
• Brown University: Sealing of Civil Records
• Las Vegas Review Journal: Standards for Sealing Civil Cases Tougher; Sean Whaley; January 2008

Resources

• Apostille.us: How Do I Seal My Arrest Record
• Pelley Law: Sealing Juvenile Records in Washington State
• Massachusetts Trial Court: Motion to Seal
• Juveniledefenselaw.com: Is it Important to Seal Juvenile Records?