Samples Of Motion To Seal In District Of Columbia

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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.

The District of Columbia Motion to Seal Records and Documents is a legal process in which individuals or organizations may request the sealing of certain records and documents within the District of Columbia jurisdiction. This motion aims to restrict public access to specific documents, thus maintaining confidentiality or protecting sensitive information. There are several types of District of Columbia Motion to Seal Records and Documents, each serving distinct purposes and requirements. Some of these motions include: 1. Criminal Records Motion to Seal: This motion allows individuals with past criminal convictions to request the sealing of their records, mitigating the negative impact of their criminal history on future employment prospects or social stigma. 2. Civil Court Records Motion to Seal: This type of motion applies to civil litigation cases, empowering parties involved to request the sealing of court records or documents associated with their case. This may be relevant when confidential information or trade secrets are involved. 3. Family Court Records Motion to Seal: In matters relating to family law, such as divorce or child custody proceedings, parties may request to seal records to protect the privacy of those involved, especially when sensitive issues or personal details require safeguarding. 4. Juvenile Records Motion to Seal: Minors who have been involved in criminal activities may file a motion to seal their juvenile records, ensuring that their past mistakes do not hinder their future prospects or subject them to unnecessary discrimination. 5. Government Records Motion to Seal: This motion encompasses various governmental departments or agencies seeking to seal specific records or documents for reasons such as national security, ongoing investigations, or protection of classified information. When filing a District of Columbia Motion to Seal Records and Documents, it is crucial to adhere to specific procedural requirements, including detailing the reasons for the requested sealing, relevant statutes or regulations supporting the motion, and providing compelling arguments in favor of sealing. Additionally, it may be essential to demonstrate that public interests will not be significantly compromised by the sealing of the records or documents in question. In summary, the various types of District of Columbia Motion to Seal Records and Documents cater to individuals, organizations, or governmental bodies seeking to maintain confidentiality, protect sensitive information, or ensure privacy in different legal contexts.

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FAQ

Motion to seal. (a) A motion to seal filed with the Court pursuant to this chapter shall state grounds upon which eligibility for sealing is based and facts in support of the person's claim.

The District of Columbia City Council enacted the Criminal Record Sealing Act of 2006. This act permits persons who have a criminal record to have their criminal record sealed provided they meet the eligibility criteria. For a copy of the Criminal Record Sealing Act of 2006, click on the Forms Search link.

You must file a written motion with the Court to seal your records. Sealing is at the judge's discretion. In deciding whether to seal your court record, a judge will weigh your privacy interests against the public's interest in keeping the files open.

Felony convictions are typically not eligible for sealing or expungement in D.C. One exception is a felony conviction for violating the Bail Reform Act. Another possible exception would be a felony conviction under the Controlled Substances Act in which the court sentenced the defendant under D.C. Code § 48-904.01(e).

(1)(A) The Court shall order the prosecutor, any law enforcement agency, and any pretrial, corrections, or community supervision agency to remove from their publicly available records all references that identify the movant as having been arrested, prosecuted, or convicted.

There is no charge for filing a motion to seal in the District of Columbia. You take written motion to the clerk's office on the 4th floor of DC Superior Court located at 500 Indiana Avenue, NW Washington, DC 20001 and file it with criminal clerk of the court.

As soon as the underlying criminal case is over and it ends without a conviction, that person is eligible to file an innocence claim. The waiting periods in the interest of justice motion are two years, four years, or eight years on a basic single offense motion.

D.C.'s Second Chance Amendment Act (Second Chance) will allow for automatic sealing of non-violent criminal records for individuals charged - but not convicted - of a crime and will shorten waiting periods to seal conviction records.

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To seal your criminal record: · Submit requests to the Criminal Information Office located in room 4001 of the Moultrie Courthouse. · These motions also require ... (a) A motion to seal filed with the Court pursuant to this chapter shall state grounds upon which eligibility for sealing is based and facts in support of the ...For cases that are electronically filed, the motion to seal must be electronically filed and redacted as necessary for the public record. If the motion to seal ... District of Columbia Local Rule 5.1 requires that absent statutory authority a party obtain a court order before seeking to file any documents under seal. You will need to file a motion to seal the record into each case separately if you are trying to seal multiple cases. Template motion to seal: https://www ... You are here. Home · ECF & Court Records · ECF Forms, Instructions, and Other Information. E-filing SEALED Documents in UNSEALED Cases. Pursuant to D.C. Code § 16-803, to qualify for the sealing of publicly available criminal records, the movant's arrest or charge must have been for an offense ... The sealed document shall also be accompanied by a motion to seal if a protective order is not already in place. [LCvR. 5.1(h)(1)]. 3. Documents that are to ... The individual seeking to have their record expunged or sealed will file a motion with the Clerk of the Superior Court. Movants under category (1) above file ... To get a clearance, you will need to complete a PD Form 70 (Criminal History Request) for a record check. ... DC.Gov · Terms and Conditions. © 2023 District of ...

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Samples Of Motion To Seal In District Of Columbia