Santa Clara California Motion to Seal Records and Documents

State:
Multi-State
County:
Santa Clara
Control #:
US-03331BG
Format:
Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

What is a Sealing Order? A Court order that restricts access to or disclosure of any record or document filed in a legal proceeding. A sealing order may be specific, relating only to specified documents or general covering all documents in a Court file. A sealing order usually applies for a time-bound period only.

In order to seal your divorce records, a court order is required. A court order will not be given simply because both you and your spouse agree to the sealing process. You are required to file an application with reasons that will justify your request.

Most jurisdictions have specific laws and procedures regarding the motion to seal. A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public.

Including Court Costs, ALL Legal Work and Court Appearances: Misdemeanor Expungements $695 Misdemeanor DUI Expungement $820. Felony Expungement $915 (includes a reduction to a misdemeanor when eligible) Sealing of Juvenile or Diversion Records: $2,250.

A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.

If you have been arrested and no charges were filed, PC 851.8 requires that you submit a Petition to Seal and Destroy Arrest Records to the arresting law enforcement agency. The agency then has the option to agree to the petition or deny it. If granted, the police will seal your records for three years.

To have your arrest record sealed, you must file a petition in the city or county where you were arrested. The petition must then be served to both the law enforcement agency that made the arrest and the prosecuting attorney. You will need to work with a criminal defense attorney throughout the petition process.

Notice of Lodging: Overview. A party serves and files a notice of lodging (also referred to as a notice of lodgment) to inform other parties and the court that it has lodged documents with the court. Lodged documents do not appear on the court's docket because they are not filed.

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Santa Clara California Motion to Seal Records and Documents