Mecklenburg North Carolina Motion to Seal Records and Documents

State:
Multi-State
County:
Mecklenburg
Control #:
US-03331BG
Format:
Word; 
Rich Text
166 downloads

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

A motion requesting a change of venue must be filed at or before arraignment if the defendant has filed a written request for arraignment or, if arraignment is waived, within 21 days of the return of the indictment.

Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.

The Honorable Elisa Chinn-gary, Elected Clerk of Superior Court and Judge of Probate, administered the Oath of Office to two newly selected Assistant Clerks.

To obtain Charlotte-Mecklenburg Police Department (CMPD) records, please contact CMPD's Crime Records section at 704-336-2848. Crime reports can be accessed online by a search using the victim/owner's name and/or the complaint number.

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

Access to public records is available from a.m. to p.m., Monday through Friday, by appointment only. To access Criminal files by appointment, email Mecklenburg.Criminal@nccourts.org. To access Civil files by appointment, email Mecklenburg.Civil@nccourts.org.

For trial courts, not including the NC Business Court, dockets are not available online. To access these, contact the clerk of court for the specific county. There are computer terminals designated for finding civil and criminal court dockets.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.

Information about criminal cases in the North Carolina court system can be accessed by visiting a public, self-service terminal located at a clerk of court's office in any county. You can use the terminal to search for cases by defendant name, case number, or victim or witness name.

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Mecklenburg North Carolina Motion to Seal Records and Documents