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seal record

Record sealing is the practice of sealing or, in some cases, destroying court records that would otherwise be publicly accessible as public records. The term is derived from the tradition of placing a seal on specified files or documents that prevents anyone from reviewing the files without receiving a court order. The modern process and requirements to seal a record and the protections it provides vary from jurisdiction to jurisdiction, and even between civil and criminal cases. Generally, record sealing can be defined as the process of removing from general review the records pertaining to a court case. However, the records may not completely disappear and may still be reviewed under limited circumstances; in most instances, it requires a court order to unseal records once they are sealed. In the United States, some states order records to be destroyed after they are sealed. Once a record is sealed, in some states, the contents are legally considered never to have occurred and are not acknowledged by the state.

Records are commonly sealed in a number of situations:

  • Sealed birth records (typically after adoption or determination of paternity)
  • Juvenile criminal records may be sealed
  • Other types of cases involving juveniles may be sealed, anonymized, or pseudonymized ("impounded"), child sex offense or custody cases
  • Cases using witness protection information may be partly sealed
  • Cases involving trade secrets
  • Cases involving state secrets
  • Expungement, which is a physical destruction, namely a complete erasure of one's criminal records, and therefore usually carries a higher standards, differs from record sealing, which is only to restrict the public's access to records, so that only certain law enforcement agencies or courts, under special circumstances, will have access to them. A record seal will greatly improve the chance of employment, as employers will not have access to damning records. There are occasions, like expungement, where one can truthfully state under oath that they have never been convicted before. Most of the time, a record seal has more relaxed requirements than an expungement. If an expungement is not allowed with a case, then sealing a record may be the best bet. Different states have different terms for what constitutes sealing of a record.

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