Indiana Motion to Seal Records and Documents

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US-03331BG
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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.

The Indiana Motion to Seal Records and Documents is a legal procedure that allows individuals to request the sealing of certain records and documents in the state of Indiana. This motion is typically filed in court and can be applicable in various legal matters, serving as a mechanism to protect an individual's privacy or preserve confidential information. By granting the motion, the court restricts access to the specified records, making them unavailable to the public or any unauthorized individuals. There are different types of Indiana Motions to Seal Records and Documents, depending on the legal proceedings or the nature of the case: 1. Criminal Records: Individuals who have been convicted of certain crimes in Indiana may file a Motion to Seal Criminal Records. This enables them to limit public access to their criminal history, potentially minimizing the negative impact it could have on their future employment prospects, education, or housing opportunities. 2. Juvenile Records: The Indiana Juvenile Justice System allows individuals who were involved in delinquent acts as minors to petition for the sealing of their juvenile records. A Motion to Seal Juvenile Records aims to provide individuals with a fresh start upon transitioning into adulthood, as sealed records are generally not accessible to the public. 3. Expungement Records: In some cases, individuals who have had arrests or criminal charges dismissed or have completed certain diversion programs may be eligible to file a Motion to Seal and Expunge their records. This process goes a step further than simply sealing the records, as it enables the complete removal of the specified records from public access. It is important to note that each type of Motion to Seal Records in Indiana has specific eligibility criteria and requirements that must be met before filing. Seeking legal counsel or consulting with an attorney who specializes in the relevant field is crucial to ensure compliance with the necessary procedures and maximize the chances of a successful sealing motion.

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FAQ

Rule 6 addresses those extraordinary circumstances in which information that is otherwise publicly accessible nonetheless is to be excluded from Public Access.

Offenders can file a petition at the court in charge of the case to seal a criminal case, and the application should contain all the necessary details to identify the record in the clerk's office. The court may not request filing fees and send a copy of the petition to the prosecuting attorney.

The Access to Public Records Act (APRA), Indiana Code 5-14-3, provides that a person has the right to access information regarding the government and the official acts of public officials and employees. The statute also states that government officials have a responsibility to provide that information to you.

Sealing of records refers to state laws that allow civil or criminal records to be stored away from public access. The nature of storing records varies widely by state with some states and the federal courts not recognizing the option at all; but in those that do, normally only a court can seal records.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

A court may take judicial notice of records that are excluded from Public Access, including records in cases where all Court Records have been declared confidential, such as juvenile cases. Ind. Evid.

Records are available through Indiana's Odyssey system and older converted data. Through the Odyssey case management system, participating courts make non-confidential case information available for the public.

76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.

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Check the box and click Next. · Select the category of the document that you are seeking to seal. If you are not sure, leave all categories selected. Click Next. Jun 26, 2014 — ” The first section of Indiana's Access to Public Records law, at Ind. ... motion to seal the records, anyone may file a motion to seal under A.R. ...Jul 1, 2023 — Code 5-14-3-5.5 provides a procedure by which a court may seal a public record not otherwise confidential under I.C. 5-14-3-4. This statute ... File a Motion to Seal a Case non-electronically with wet signatures. The opening document (or miscellaneous case) must be submitted with this motion. The Chief ... To start the process for sealing Indiana protective order records, you first need to file in the court that issued or denied the protective order a petition ... Petitioner should complete the petition in its entirety. The completed forms should be delivered to the Clerk following the provisions of Indiana Rule of Trial ... Offenders can file a petition at the court in charge of the case to seal a criminal case, and the application should contain all the necessary details to ... Jun 29, 2015 — Blog post regarding expungement or sealing of records in Indiana and how to petition for an expungement or to seal criminal records. This tool can fill-in legal forms. The forms can be filed in court to ask for an expungement (sealing) of an arrest or criminal record. Not every criminal ... A person who files a petition to seal arrest records is not required to pay a filing fee. Individuals Convicted of a Misdemeanor. This section applies only to a ...

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Indiana Motion to Seal Records and Documents