Sealing Florida Records of Injunctions
Court Orders of Protection That Were Denied
Information provided by Eric J. Dirga, P.A., Orlando - Statewide Service
Last Updated: August 5, 2015
There is currently no specific law that allows for the expunction of records concerning Petitions for Injunctions. The only possibility is to "seal" the record. Sealing these records derives from the Florida Rule of Judicial Administration 2.420. It does not grant all the protections of a regular sealing (under s. 943.0585, Fla. Stat.).
I only represent people that want the record of an injunction sealed if the injunction was denied by the court.
Florida Rule of Judicial Administration 2.420
Under Rule 2.420 a person may request to have a judicial record made confidential if there is a legal basis for the request. The Rule specifies what legal grounds can be raised. A person must establish that confidentiality is required to:
- prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice;
- protect trade secrets;
- protect a compelling governmental interest;
- obtain evidence to determine legal issues in a case;
- avoid substantial injury to innocent third parties;
- avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed;
- comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law.
The only legal basis that one may fall under in an injunction case would be to avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed. Another factor that must be established is good cause for the request.
Motion for Request to Make Judicial Record Confidential
A request to make a court record confidential must include the following information:
- It must identify the particular court records to make confidential with as much specificity as possible without revealing the information to be made confidential.
- It must specify one of the above-listed bases for making the court record confidential.
- It must state the "good cause" for the request.
- It must be signed by the party seeking the request and certify that the request is made in good faith, is supported by a sound factual basis, and a sound legal basis.
Hearing on the Motion to Make Court Records Confidential
Unless all parties agree to the relief being requested, a hearing must be held within thirty days of the filing of the motion. The Court may have a hearing regardless of whether everyone agrees to this motion.
The request to seal under this Rule is a discretionary request. There is no requirement to make the court grant this. I have a set fee that is not contingent on the granting of this request. A travel cost is additional should travel be required.
The purpose of publishing this information is to help judges, attorneys and non-lawyers better understand this area of law. We appreciate any input that may further this goal.
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