Criminal.law · Glossary
Record sealing
A plain-language definition of record sealing in criminal cases: what it means, how it comes up when a case ends or later, and who decides, with state examples.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished General legal information, not legal advice · Editorial standards
Key takeaways
- Record sealing restricts public access to a criminal record, and in Florida the sealed court file is kept in a nonpublic index, subject to further court order. [7]
- In Nevada, a justice or municipal court must order records sealed when a charge is dismissed under a particular statute, unless the district attorney shows good cause otherwise. [8]
- In Florida, sealing begins with a written petition and a state-issued certificate of eligibility, and the court may deny the request in its sole discretion. [6]
What is record sealing?
Record sealing is a court-ordered step that takes a criminal case record out of public view while the record itself is kept under restricted access. In Florida, for example, the clerk keeps sealed court records in a nonpublic index, subject to further order of the court. Sealing is a matter of state law, so how it starts, who decides and what it covers differ from state to state. This page uses Florida, Nevada and Illinois as examples. [7]
When does record sealing come up in a criminal case?
Sealing usually comes up either when a case ends or later, through a separate request, and the timing depends on the state. Each state writes its own sealing law, so the examples below show how a few states handle it rather than a single national rule. The federal courts and other states are not described here. [8][5]
In Nevada, sealing can arise at the moment a case ends. When a defendant is discharged and the charging document is dismissed under a specific Nevada dismissal statute, the justice or municipal court must order the case records sealed, including documents, exhibits and docket entries. [8]
Nevada also ties sealing to acquittal, a verdict or judgment of not guilty. When a judgment of acquittal is entered, the court must give the defendant written notice of the Nevada law on sealing records of the proceedings that led to the acquittal. [1]
In Florida, sealing is requested by written petition filed with the clerk. The petition must include a certificate of eligibility from the Florida Department of Law Enforcement and a sworn statement about eligibility, and it is served on the prosecuting attorney and the arresting agency. [5]
Who decides whether a record is sealed?
A judge decides, but the role of the prosecution differs by state. In Florida, the prosecuting attorney and arresting agency may respond to a sealing petition, and the court may take evidence on factual issues before ruling. [5]
Florida's rule gives the court broad discretion: any request to seal may be denied at the court's sole discretion. The court also cannot order an agency to seal a record until the petitioner has received a certificate of eligibility. [6]
Nevada's dismissal-based sealing works differently. The court orders the records sealed without a hearing unless the district attorney petitions the court, for good cause shown, not to seal them and asks for a hearing. [8]
Does a sealed record disappear completely?
Not under Florida's rule. When a sealing order is entered, the clerk seals the entries and records along with the court file and keeps them in a nonpublic index. Those records remain subject to further order of the court, which means the court keeps control over them rather than the records ceasing to exist. Other states describe the effect of sealing in their own laws. [7]
Who tells police and other agencies about a sealing order?
It depends on the state. In Nevada, when a justice or municipal court orders a record sealed, the defendant must send a copy of the order to each agency or officer named in it, and each must notify the court in writing that it has complied. In Florida, the clerk furnishes certified copies of the order to the agencies named in it. [8][6]
Are there costs involved in sealing a record?
Florida's rule addresses one cost directly: the petitioner bears the cost of certified copies unless the petitioner is indigent, meaning found unable to afford those costs. Other fees and costs, and the rules in other states, are not covered in the sources for this page. [7]
Are there standard court forms for sealing?
Some states provide them. In Illinois, a statewide access-to-justice commission has approved forms for expungement and sealing, including a request to expunge or seal criminal records and an order granting or denying that request. All Illinois courts must accept these approved forms. [4][9]