Maryland Motion to Seal Records and Documents

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Multi-State
Control #:
US-03331BG
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Word; 
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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

The Judicial Conference may: (1) consider the annual report of the Judicial Council and such other business as may be presented to the Conference, (2) discuss new and proposed legislation, proposed and adopted changes to the Maryland Rules, emerging case law, and trends that may affect the Maryland courts, judges, or ...

Court records are generally open to the public, with several exceptions. Records that have been expunged, shielded, or sealed by court order are not available to the public. In addition, the following records are not open to the public without a court order or a special provision of the law: Adoption.

Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. A filing fee of $30 may apply. This filing fee is not refundable.

The order of appointment of a special magistrate shall specify the powers and duties of the magistrate and may contain special directions.

Similar to the court protecting the identity of minor children, when a party in a divorce is a victim of domestic violence and cites that as a reason for the divorce, the court may agree to seal the divorce records in order to protect the safety and privacy of the victim. To protect confidential business information.

Admin. 16-901. Except as expressly provided or limited by other Rules, the Rules in this Chapter govern public access to judicial records, whether in paper or electronic form, that are in the custody of a judicial agency, judicial personnel, or a special judicial unit.

Much like the PIA, Rule 16-911(a) prohibits inspection of a judicial record if inspection would be contrary to federal law; the Maryland Constitution; a provision of the PIA made applicable to judicial records by the Rules; a rule adopted by the Court of Appeals; or an order entered by the court having custody of the ...

Under Rule 16-1009(a)(1)(B), a party to an action in which a case record is filed and a person who is the subject or is specifically identified in a case record may file a motion to permit inspection of a case record filed in that action that is not otherwise shielded from inspection under the access rules.

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Maryland Motion to Seal Records and Documents