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.
Wisconsin Motion to Seal Juvenile Records: Understanding the Process and Types of Sealing Petitions In Wisconsin, a Motion to Seal Juvenile Records is a legal process that allows individuals with past juvenile offenses to have their records sealed or made confidential. This motion aims to protect the privacy of juveniles and provide them with the opportunity for a fresh start in life, free from the stigma associated with their past actions. Understanding the process and the various types of sealing petitions available within Wisconsin's legal system is essential. The first step in seeking a Motion to Seal Juvenile Records is determining eligibility. Wisconsin's law allows individuals who were adjudicated delinquent for an offense committed before turning 17 years old to petition for record sealing. However, there are exceptions to this rule for certain serious offenses such as homicide, sexual assault, or offenses requiring registration as a sex offender. To initiate the sealing process, eligible individuals, or their legal representatives, must file a motion with the court in the county where the original offense occurred. The motion must be accompanied by supporting documentation, which may include affidavits, character references, or evidence of rehabilitation efforts and achievements since the offense. In Wisconsin, there are three primary types of sealing petitions that can be filed: 1. Automatic Sealing: This type of sealing applies to cases where the juvenile was not adjudicated delinquent but was placed on supervision. The court automatically seals these records after a specific period, typically two years, has passed since the completion of supervision. 2. Discretionary Sealing: In cases where the juvenile was adjudicated delinquent, individuals who meet eligibility criteria can file a motion requesting discretionary sealing. The court reviews the motion and considers various factors such as the nature and seriousness of the offense, the individual's age at the time of the offense, rehabilitation efforts, and the potential impact of record sealing on public safety. If the court grants discretionary sealing, the records are sealed from public access, and the offense is considered non-public. 3. Non-disclosure to Law Enforcement: This type of sealing petition allows individuals with certain misdemeanor offenses to petition the court to restrict access to their records by law enforcement agencies. This type of sealing does not completely seal the records, but limits their availability to only limited personnel or specific purposes, such as background checks for employment or licensing. It is important to note that the sealing of juvenile records does not equal complete destruction of the records but rather restricts access to them. Certain government agencies or professions, such as law enforcement, some governmental licensing boards, and professional organizations, may still have access to the sealed records. However, the public, including potential employers and educational institutions, will not have access to these sealed records. Filing a Motion to Seal Juvenile Records in Wisconsin can be complex, requiring an understanding of the eligibility criteria, supporting documentation, and the proper filing procedures. Consulting with an experienced attorney specializing in juvenile law is highly recommended navigating the process successfully and ensure the best possible outcomes for individuals seeking record sealing.
