Hawaii Motion to Seal Records and Documents

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Multi-State
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US-03331BG
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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

Sealing Nevada Criminal History Records If you were convicted of a felony and 15 years or more have elapsed from the date of your conviction (or release from actual custody if imprisoned), you may petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.

And law enforcement officials in conclusion a court May seal a case for a variety of reasons including protecting privacy preserving the Integrity of Investigations. and preventing harm or danger.

Sealing and Expunging Criminal Records Step 1: Obtaining and Completing the Application. ... Step 2: Submit Application to the State Attorney's Office. ... Step 3: Submit completed application to FDLE. ... Step 4: Complete and File a ?Petition and Affidavit to Expunge or Seal? ... Step 5: Filing the Petition.

Expungement of an arrest record is handled by the Department of the Attorney General through the Hawai?i Criminal Justice Data Center. You may also contact the Expungements section of the Department of the Attorney General at (808) 587-3348. Court records can be sealed and made confidential, through a court order.

All adult expungements are handled by the Hawaii Criminal Justice Data Center. In Hawaii, an individual may expunge: The majority of adult felony and misdemeanor arrest records as well as criminal charges that did not result in a conviction; Convictions for first-time, drug-related offenses; and.

§831-3.2, Hawaii Revised Statutes (HRS), authorizes the expungement of non-conviction arrest information. Arrest records will be expunged from the arresting agency and the statewide central repository of adult criminal history record information. Records may still be retained and made available by the courts.

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Hawaii Motion to Seal Records and Documents