Alabama Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
Word; 
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Instant download

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.

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FAQ

How do I file pleadings under seal? Any document submitted for filing under seal, except a response or reply to a sealed motion, must be accompanied by a motion and proposed order authorizing such filing. The motion to seal will be filed as a public document in civil cases.

Section 13A-13-6 - Endangering welfare of child (a) A man or woman commits the crime of endangering the welfare of a child when: (1) He or she knowingly directs or authorizes a child less than 16 years of age to engage in an occupation involving a substantial risk of danger to his life or health; or (2) He or she, as a ...

(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she does any of the following: (1) Engages in fighting or in violent tumultuous or threatening behavior. (2) Makes unreasonable noise.

Normally the Alabama Law Enforcement Agency charges $25 for the expungement process, but many people who start the process through legal services will be able to do it for free.

Expungement may be sought 90 days after charges dismissed with prejudice, and after an additional waiting period after dismissal without prejudice (two years for misdemeanors, reduced to one year in 2021, and five years for felonies) ?if the person has not been convicted of any other felony or misdemeanor crime, any ...

Section 15-27-1 - Petition to expunge records - Misdemeanor criminal offense, traffic violation, municipal ordinance violation (a) A person who has been charged with a misdemeanor offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition in the criminal division of the circuit ...

Code § 15-27-3(c) requires the Petitioner to serve the ?district attorney, the law enforcement agency, and clerk of court of the jurisdiction for which the records are sought to be expunged.? The Petitioner is relied upon to provide the Court and ultimately the Alabama Law Enforcement Agency information necessary to ...

The Code of Alabama 1975, Section 15-27 allows for the expungement of criminal records in certain circumstances. An Alabama court grants expungements, not ALEA. If you have questions regarding the expungement process, please contact your attorney as ALEA cannot provide advice beyond what is offered here.

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Alabama Motion to Seal Records and Documents