Montgomery Maryland Motion to Seal Records and Documents

State:
Multi-State
County:
Montgomery
Control #:
US-03331BG
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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.

Montgomery Maryland Motion to Seal Records and Documents is a legal process that allows individuals to request the sealing of certain court records and related documents. When a motion to seal is granted, these records are removed from public access and become confidential. This ensures that sensitive information is protected and not available for public scrutiny. There are various types of Montgomery Maryland Motion to Seal Records and Documents that individuals can file, depending on the specific situation. Some common types include: 1. Criminal Records: When individuals are seeking to expunge or seal criminal records, they can file a motion to seal. This may be applicable for cases where a person has been wrongfully convicted, charges have been dismissed, or the conviction is eligible for expungement, among other reasons. 2. Juvenile Records: Juvenile court records can be sensitive, and individuals can file a motion to seal these records to protect the privacy and future prospects of the minor involved. This can help ensure that these records are inaccessible to the public. 3. Divorce Records: In certain cases, individuals may request to seal divorce records, particularly when there are matters related to child custody, finances, or other sensitive issues that need to be kept confidential. 4. Civil Lawsuit Records: When parties involved in civil lawsuits wish to keep certain records and documents confidential, they can file a motion to seal. This may be relevant in cases involving trade secrets, financial information, or other sensitive matters. The procedure to file a Montgomery Maryland Motion to Seal Records and Documents typically involves several steps. Firstly, the individual or their attorney files a formal motion to seal with the court, stating the reasons and providing necessary evidence to support the request. Next, a hearing may be scheduled where the judge reviews the motion and determines whether to grant or deny it. The judge considers factors such as the nature of the case, public interest, and the importance of keeping the records sealed. In conclusion, Montgomery Maryland Motion to Seal Records and Documents provides a legal avenue for individuals to protect their privacy and keep certain court records confidential. Different types of motions may be filed depending on the nature of the case, such as criminal records, juvenile records, divorce records, or civil lawsuit records. By following the proper procedure and presenting compelling arguments to the court, individuals can have their records sealed and shielded from public access.

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FAQ

Maryland expungement laws (Criminal Procedure §§ 10-101 to 10-110) set specific time requirements for the various phases of an expungement. The entire process will take approximately 90 days from the date of filing, but could take more time.

Form CC-DC-CR-072A. There is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment (PBJ), nolle prosequi, stet, or not criminally responsible. Form CC-DC-CR-072B. The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied.

Form CC-DC-CR-072C. For cases where ALL charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on October 1, 2021 or later the court will expunge the case automatically after 3 years. You may request expungement earlier than three years by using this form. There is no fee to do so.

Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. A filing fee of $30 may apply. This filing fee is not refundable.

Sealing non-convictions is free. Sealing convictions requires a filing fee of at least $50 (and some courts charge more).

Sealing non-convictions is free. Sealing convictions requires a filing fee of at least $50 (and some courts charge more).

Typically, once the FBI receives certification of the record sealing from Ohio BCI&I, they will note that the record has been expunged and sealed but it will take approximately 30 days for them to complete their process. Expungement and sealing of a record should be pursued as soon as a person is eligible.

You file this petition in either District Court or Circuit Court. The petition can only be filed in one Maryland county and only once in your lifetime. You must have been convicted of one of 12 specific convictions in those courts. The petition can include multiples of the 12 convictions.

If you were arrested, but were never charged and never went to court, you can ask to have your arrest record sealed by writing a letter to the chief of police in the community where you were arrested. You can contact Legal Aid to find out if you are eligible for help sealing an arrest record.

Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.

More info

NOTE: Court clerks cannot provide assistance in completing any of these forms. In Tennessee, only certain criminal records can be expunged.These forms are not a substitute for legal advice and if you have difficulty filling out these forms, then you may wish to consult with an attorney. 00 per name, per 10-year search. For cases without convictions — Fill out the Petition to seal non-conviction records form. Use the latest version of Acrobat Reader to fill forms.

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Montgomery Maryland Motion to Seal Records and Documents