Record sealing: Difference between revisions
m Reverted edits by 72.130.30.85 (talk) to last version by A. B. |
Use of content requires citation to copyright owner. |
||
| Line 3: | Line 3: | ||
Generally, record sealing can be defined as the process of removing from general review the records pertaining to a court case. However, the records may not completely disappear and may still be reviewed under limited circumstances; in most instances it requires a court order to unseal records once they are sealed. Some states order records to be destroyed after they are sealed. Once a record is sealed, in some states, the contents are legally considered never to have occurred and are not acknowledged by the state. |
Generally, record sealing can be defined as the process of removing from general review the records pertaining to a court case. However, the records may not completely disappear and may still be reviewed under limited circumstances; in most instances it requires a court order to unseal records once they are sealed. Some states order records to be destroyed after they are sealed. Once a record is sealed, in some states, the contents are legally considered never to have occurred and are not acknowledged by the state. |
||
The '''public policy''' of record sealing balances the desire to free citizens from the burdens caused by the information contained in state records while maintaining the state's interest to preserve records that may be beneficial to the state or other citizens. |
The '''public policy''' of record sealing balances the desire to free citizens from the burdens caused by the information contained in state records while maintaining the state's interest to preserve records that may be beneficial to the state or other citizens.<ref>{{cite web|author=Mathew K. Higbee, Esq.|url = http://www.recordgone.com/articles/legal_terms.htm |title = Legal Terminology in Record Clearing |accessdate = 2007-09-22}}</ref> |
||
{{US-law-stub}} |
|||
==References== |
|||
[[Category:Criminal law]] |
|||
{{reflist}} |
|||
Revision as of 03:35, 10 November 2007
Record Sealing is often equated to the sealing or destroying of court records. The term is derived from the tradition of placing a seal on specified files or documents that prevents anyone from reviewing the files without receiving a court order. The modern process and requirements to seal a record and the protections it provides vary by state and often vary between civil and criminal cases.
Generally, record sealing can be defined as the process of removing from general review the records pertaining to a court case. However, the records may not completely disappear and may still be reviewed under limited circumstances; in most instances it requires a court order to unseal records once they are sealed. Some states order records to be destroyed after they are sealed. Once a record is sealed, in some states, the contents are legally considered never to have occurred and are not acknowledged by the state.
The public policy of record sealing balances the desire to free citizens from the burdens caused by the information contained in state records while maintaining the state's interest to preserve records that may be beneficial to the state or other citizens.[1]
References
- ^ Mathew K. Higbee, Esq. "Legal Terminology in Record Clearing". Retrieved 2007-09-22.