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Sealed documents are official records that are inaccessible to the public due to court orders. They protect vulnerable parties’ privacy and allow for a fresh start without stigma. Sealing procedures and effects vary by jurisdiction, but courts prioritize protecting children, victims, and national security interests. Some jurisdictions destroy sealed records.
Sealed documents are official documents that have been removed from public availability by court order. Courts often require records to be sealed in some cases to protect the privacy of vulnerable parties or to give a party in a case a second chance without the stigma of a previous incident remaining in the public arena. The types of deeds that can be sealed, the procedure for sealing them, and the effect of the seal vary by jurisdiction. Most courts generally allow records to be sealed in both civil and criminal cases.
Legal proceedings have historically been a matter of public interest. Cases are heard “in public hearing” and a record is kept which, among other things, protects the public’s right to know the content and resolution of the courts. This kind of transparency is necessary for a reliable and trustworthy legal system to function, but it is not an absolute right.
In some cases, the parties’ rights to privacy or the need for secrecy override the public’s right to information. Records can be sealed as a matter of course, as a proactive measure by a judge, or at the request of a party in an action after just cause has been demonstrated. For example, sealed records are the normal procedure for some types of adoptions. A judge might also seal the logs in a case on his own initiative to protect the identity of a victim or grant a party’s request to seal the logs in a case involving a trade secret.
Courts have a particular interest in protecting both children and victims, as well as in allowing cases to be heard without disclosing information that could lead to irreparable harm to the interests of a party. Sealed documents are often required in cases involving minors to protect their identity and to remove a history of crimes committed while the minor did not have a majority. A court will also order that records be sealed to maintain a certain level of secrecy in cases requiring witness protection. In cases involving state secrets or national security, the logic is similar. The release of information may harm important interests that must be protected.
The effect of a court order to seal records varies by jurisdiction. In some places, records remain sealed unless ordered by the court not to be sealed. Other jurisdictions destroy sealed documents and the contents are legally treated as having never occurred.
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