How to Seal Court Records in Texas
Develop your argument., Read the Texas rules on sealing civil court records., Consider consulting an attorney., Draft your motion for nondisclosure., Draft a public notice., File your motion for nondisclosure., Publish your notice., Attend your...
Step-by-Step Guide
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Step 1: Develop your argument.
There is a strong presumption that court records are public records, and you must have a good reason to overcome this presumption and have your records sealed.
Generally, you must prove that you have a substantial interest that clearly outweighs the presumption of keeping court records open, and that there is no way to protect that interest that is less restrictive than sealing the records. -
Step 2: Read the Texas rules on sealing civil court records.
The state has rules that govern both the procedure for sealing records and the circumstances under which sealing records is appropriate.
Keep in mind that sealing court records does not mean that actual court files are removed for any reason.
The physical files remain intact, but the general public cannot look at sealed records without a court order granting permission.Because the Texas court rule that governs the sealing of court records specifically excludes documents filed in a family law case,judges have complete discretion in whether to seal records in a family law case such as a divorce or a child custody proceeding.Family law cases don't have to meet the same standard as other civil law cases to be sealed, and judges typically will seal divorce or custody records if a request is made., Given the complexity of the process and the issues at stake, you may wish to have an attorney represent you and ensure your interests are protected. , Your motion must specifically state your reasons for wanting the court record sealed, and the style and court number of the case you want sealed., Your public notice must state that there will be a hearing in open court on your motion to seal the court records in a specific case, and that anyone has the right to come and speak about it., You must file your motion with the clerk in the same court that decided the case you want sealed.
Expect to pay filing fees of between $10 and $25 depending on the court and county where you file your motion.The clerk will schedule a hearing on your motion at least 14 days after the date you filed your motion.
This provides plenty of time for the public to be notified of your desire to have the court records sealed., Before your records are sealed, you must publish notice of your intent to do so in the same place where county government meetings are posted and give any interested party the opportunity to object.
The public notice must list the name of the case and the court's case number, as well as the specific date, time, and place of the hearing on the motion.Often you may simply publish the notice online., You must attend your hearing in support of your petition or the court will dismiss it.
The hearing is open to the public, and anyone may intervene and speak out in opposition of your motion.Make sure to bring along any documents or pieces of evidence that support your position that the case records should be sealed. -
Step 3: Consider consulting an attorney.
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Step 4: Draft your motion for nondisclosure.
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Step 5: Draft a public notice.
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Step 6: File your motion for nondisclosure.
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Step 7: Publish your notice.
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Step 8: Attend your hearing.
Detailed Guide
There is a strong presumption that court records are public records, and you must have a good reason to overcome this presumption and have your records sealed.
Generally, you must prove that you have a substantial interest that clearly outweighs the presumption of keeping court records open, and that there is no way to protect that interest that is less restrictive than sealing the records.
The state has rules that govern both the procedure for sealing records and the circumstances under which sealing records is appropriate.
Keep in mind that sealing court records does not mean that actual court files are removed for any reason.
The physical files remain intact, but the general public cannot look at sealed records without a court order granting permission.Because the Texas court rule that governs the sealing of court records specifically excludes documents filed in a family law case,judges have complete discretion in whether to seal records in a family law case such as a divorce or a child custody proceeding.Family law cases don't have to meet the same standard as other civil law cases to be sealed, and judges typically will seal divorce or custody records if a request is made., Given the complexity of the process and the issues at stake, you may wish to have an attorney represent you and ensure your interests are protected. , Your motion must specifically state your reasons for wanting the court record sealed, and the style and court number of the case you want sealed., Your public notice must state that there will be a hearing in open court on your motion to seal the court records in a specific case, and that anyone has the right to come and speak about it., You must file your motion with the clerk in the same court that decided the case you want sealed.
Expect to pay filing fees of between $10 and $25 depending on the court and county where you file your motion.The clerk will schedule a hearing on your motion at least 14 days after the date you filed your motion.
This provides plenty of time for the public to be notified of your desire to have the court records sealed., Before your records are sealed, you must publish notice of your intent to do so in the same place where county government meetings are posted and give any interested party the opportunity to object.
The public notice must list the name of the case and the court's case number, as well as the specific date, time, and place of the hearing on the motion.Often you may simply publish the notice online., You must attend your hearing in support of your petition or the court will dismiss it.
The hearing is open to the public, and anyone may intervene and speak out in opposition of your motion.Make sure to bring along any documents or pieces of evidence that support your position that the case records should be sealed.
About the Author
Joseph Graham
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