Once your court records are sealed, you may wonder if others can still access them. After all, this is a fair concern, and you want to make sure you are up to date with the information publicly available about you.
Our article is here to give you more information on sealed court records and help you understand who might be authorized to access your
records once they are expunged and removed from the public’s view.
Are Sealed Court Records Really Sealed?
The process of sealing court records is officially referred to as “expungement.” The result of expungement is that sealed records are sealed from public view and are then inaccessible as part of your public record. Once your court records are sealed, you will not be required to disclose them on applications, nor will individuals be able to inquire about them.
The exact process for obtaining an expungement varies depending on the jurisdiction that you are in, specific state laws, and the court system you are working with. Other factors include the age and type of criminal convictions on your court record. You will most likely need to complete the expungement process with the guidance of a legal professional.
Once you have gathered information on criminal convictions and sentencing, context about the original offense, and any other issues that result from the conviction, you will appear before a judge. The judge will speak to you about your court records, ask about your reasoning for wanting the records sealed, and will then decide whether or not your court records will be expunged. Finally, depending on the judge’s decision, your attorney and the court will give you information about your next steps.
Which Court Records Are Eligible To Be Sealed?
As we mentioned above, which court records may be eligible to be sealed depends on the type of criminal offenses, the age at which the crimes were committed, if there is a record of additional crimes and specific state laws. Most of the time, severe or violent crimes like felonies, sex crimes, and offenses involving pedophilia will not be eligible for expungement—they will be on your record indefinitely. Felony DUIs and crimes that resulted in the death of a victim are also highly unlikely to be eligible for the expungement process.
Court records that are likely to be approved for expungement include misdemeanors involving minor offenses, minor traffic infractions, and certain criminal convictions that were committed ages ago without a history of additional offenses. Once you meet with an attorney to discuss expungement, they may help verify which parts of your court record are most likely to be sealed.
Who Can Access Sealed Court Records?
When you’re trying to find out who has access to sealed court records, it’s important to note that once your court records are sealed, they are really sealed. Sealed records cannot be accessed by members of the public as part of the public record, and you will no longer be required to disclose criminal offenses on job applications or other documents. Criminal convictions and other items that were sealed will not be present when others perform background checks on you; they will be completely hidden from public view.
However, certain authorized individuals may be able to access your sealed court records in certain situations. Law enforcement and some court officials may be able to access your sealed court records. This is typically only done in the case of a serious criminal investigation or as part of criminal proceedings for additional court cases or criminal offenses.
Additionally, some jobs, like with government agencies or departments that work with national security and sensitive information, may also be able to see your sealed records and request access to these as part of the hiring process.
It’s important to note that access to your sealed records is generally kept to a minimum, and there are few cases in which authorized individuals may access these records. Make sure to keep up to date with state laws, disclosure laws, and factors specific to your situation regarding who might be able to access this information once your court records are sealed.
Understanding Your Sealed Records
If you’ve had your court records sealed, it’s important to understand your rights in regard to who has access to your sealed court records after they are expunged. Review our article for this advice, and don’t hesitate to lookup your public records to make sure that any sealed information is officially off your record and out of the public’s view.
