Can Your Divorce Records Be Sealed?

Your divorce and custody cases are extremely personal and private. However, many people are surprised to learn that many family law proceedings may be viewed by the public and not in actually confidential.  In fact, most county courthouses (except in the age of COVID) are open to the public.  That means that with some exceptions, many hearings can be viewed by the general public. 

Why is this? Generally, our government has recognized that the court and information about how it makes it decisions should be open to the public.  This public policy concern often outweighs the individual party’s desire to keep their case private. 

Various states and local jurisdictions have rules for types of information that must be kept confidential and how documents must be submitted that include private information. For example, Pennsylvania’s Public Access Policy provides that the following information must be kept confidential: name and dates of birth of children (unless they are the defendant in a juvenile criminal matter, Social Security numbers, and financial matters). There are additional pieces of information that a court can deem private so you must review the your county’s local rules, as well.

However, if you wish to seal the proceedings in your divorce case, you must petition to the court to do so, following the local rules of your jurisidiction.  Your request should be “narrowly tailored” and should outweigh the public policy of an “open” court.  The court can decide whether it is appropriate to seal certain documents in your case. At times the court may only redact particular private or proprietary information.  

You should speak with an attorney about your case about whether and how information in your case my be sealed or kept confidential.  

LINKS:

http://www.pacourts.us/assets/opinions/Supreme/out/477jad-attach1.pdf?cb=1