Wisconsin Motion To Seal Juvenile Records

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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

801.20 shall file a motion to seal part or all of a document or to redact specific information in a document. The motion must be served on all parties to the action. The filing party shall specify the authority for asserting that the information should be restricted from public access.

Q: Are juvenile records always closed to the public? A: No. Juvenile records are open to the public when a juvenile is tried in adult criminal court and under certain circumstances when a juvenile is tried in juvenile court.

Under Chapter 801 of the Wisconsin statutes, an individual may move a motion to seal and restrict access to a record if the document is not protected by state or federal law. Once the motion is filed, the court restricts public access to the file in question until the court rules on the motion.

(2) A party seeking to protect a court record not protected by s. 801.19 or included on the list described in s. 801.20 shall file a motion to seal part or all of a document or to redact specific information in a document. The motion must be served on all parties to the action.

A Class I felony stays on your record for life. In Wisconsin, a court may expunge your charge if you were under the age of 25, the maximum punishment for the crime was less than 6 years and you successfully completed the terms of your sentence.

The filing party may ask the court to redact (omit or blank out) certain pieces of information, to seal a document, or to seal the whole case. Forms GF-245?247 are available for making a motion to seal the court record or the transcript. The clerk cannot seal a record; this decision must be made by the court.

Wisconsin's expungement laws are strict, and eligibility is primarily limited to offenses committed by individuals under 25 years old. Crimes that carry a maximum sentence of life in prison, violent offenses, weapon crimes, sexual offenses, and domestic abuse are not eligible for expungement in Wisconsin.

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Wisconsin Motion To Seal Juvenile Records