Legal Definitions - Sealing of records

Sealing of records refers to a legal process where certain court or government records, typically civil or criminal, are made inaccessible to the general public. This action effectively hides the information from standard public searches and viewing. The primary goal is often to protect an individual's privacy, allow for a fresh start, or safeguard sensitive information.

It's important to understand that the rules for sealing records vary significantly depending on the jurisdiction (state or federal). Some jurisdictions do not permit records to be sealed at all, while others have specific criteria for what types of records qualify, such as juvenile offenses, certain minor criminal convictions after a period of good behavior, or confidential business information involved in a lawsuit.

When records are sealed, they are usually placed under restricted access by a court order. This means they are not publicly available, but they may still exist and, in some cases, can be accessed by specific authorized parties, such as law enforcement, government agencies, or courts, under particular circumstances. In some instances, a more complete removal, known as "expungement," might occur, where records are physically destroyed or deleted from databases, making them virtually impossible to access by anyone.

Here are some examples of how the sealing of records might apply:

• Juvenile Offense: Imagine a 16-year-old named Alex who was arrested for a minor shoplifting incident. Alex completed a court-ordered diversion program, stayed out of trouble, and went on to excel in school and community service. Years later, as an adult applying for college scholarships and internships, Alex's attorney successfully petitions the court to have the juvenile record sealed. This means that when potential employers or educational institutions conduct standard background checks, they will not see the shoplifting incident, allowing Alex to pursue future opportunities without a youthful mistake hindering progress. The record still exists but is hidden from public view.

• Protecting Trade Secrets in a Civil Lawsuit: Consider a scenario where two technology companies, InnovateTech and FutureSystems, are involved in a lawsuit over patent infringement. During the legal discovery process, InnovateTech is required to submit highly sensitive documents detailing the proprietary source code and unreleased product designs for their next-generation device. To prevent competitors, including FutureSystems, from gaining access to this confidential information, InnovateTech requests the court to seal these specific documents. The court grants the request, ensuring that while the lawsuit proceeds, these critical business assets remain protected from public disclosure, even though they are part of the official court file.

• Post-Conviction Rehabilitation: Sarah was convicted of a non-violent felony 20 years ago. After serving her sentence, she dedicated herself to rebuilding her life, earning a master's degree, maintaining steady employment, and volunteering extensively in her community, with no further legal issues. She now wishes to apply for a professional license that typically requires a clean criminal background. Sarah's attorney files a petition to have her old felony conviction record sealed. The court, recognizing Sarah's long period of rehabilitation and exemplary conduct, approves the request. This action makes her past conviction inaccessible to most public background checks, helping her overcome a significant barrier to her career aspirations, while still allowing law enforcement to access it if legally necessary for specific purposes.