Seal or redact a court record

Generally, Washington State court records are available to be reviewed by the public at the Clerk’s office for each county court. In some counties, you might also be able to review some records online. 

A court record includes any documents filed under a cause number or court file - so any papers you filed or will file in a court case. This includes things like pleadings, motions, petitions, exhibits, and responses. It also includes any officially recorded information related to the case like minutes, orders, and docket listings. 

If you are or were involved in a non-criminal (civil) court case in this state, you might need the whole court record to be sealed, or to have parts edited or removed (called redacted), to protect your privacy or safety. For example, you’ve filed a protection order and need the record sealed because it contains explicit and intimate images. Or you’re involved in a debt collection court case, and there’s information about your finances that you need redacted. 

You can use this guide to file a motion to seal any kind of civil case record except for a newly filed Name Change Petition. If you want a new sealed Name Change, the Name change guide has special forms and instructions for that specific type of case. If you want to seal an old name change that was already granted, you should use this guide instead.

Juvenile records are controlled by the Juvenile court, which automatically has a regular process for sealing. Seal, vacate, or destroy juvenile court records explains the process and has the forms you need.

When can I file a Motion to Seal? 

You can file a Motion to Seal: 

• Any time after a case is started.
• After the case ends (after it’s been finalized). If you’re asking to seal a court record of a case that’s already been finalized, you file the Motion to Redact or Seal in the court where the case records are. You’ll use that case’s case number for your motion.
• You can also file a Motion to Seal along with your papers that you file to start a new case. If you’re the one starting the case (you’re the Petitioner or Plaintiff), you can file this motion at the same time you file your petition or complaint. 

What does sealing a case filing or record do?

It keeps the case record or protected information from being viewed by the public. Once sealed, only certain people can view the record. Even though you were the one who asked to seal the record, you must show ID to access the record if it gets sealed. 

Even after sealing, some limited information will still be available to the public in some places like court indices. This information can include your party name and the case type. 

Who can see the case record if it’s sealed? 

If anyone has permission to see the case record, their name will be listed on the Order on Motion to Redact or Seal. Even then, those people must show ID and show that the court order gives them access. 

Can I ask to seal just part of the record?

Yes. You can ask to seal the record in parts or entirely. Asking to seal only a part of the record is called asking to redact the record. You can use the same forms to ask to seal or redact a record.

Can the record ever be unsealed once it’s sealed?

Yes, if the requirements are met. The requirements are like the hearing and motion process for sealing a record. The court must hold a hearing to consider unsealing the record. WA Court Rule GR 15(e) explains the rules for unsealing records.

Someone other than you can ask to have your court record unsealed. If that happens, you should get notice of the hearing. You can oppose the request to unseal your record and can tell the court why.

I already vacated my record. Do I need to seal it too?

It’s up to you. To “vacate” a record means you got the judgment canceled. Vacating a record doesn’t automatically make the court record private. So if you also want the record to be private, you must file a motion for the record to be sealed or redacted.

You must always vacate a criminal record first before that record can be sealed.

Can I ask to destroy or get rid of my record entirely instead of sealing it?

The complete destruction of a court record is called “expungement.” There are very limited circumstances where you can have court records in Washington expunged. Sealing records is the most common way to get the privacy you want. 

Most civil and criminal court records can’t be destroyed or expunged in Washington unless special laws allow it. You can ask agencies like the Washington State Patrol (WSP) to destroy or delete some non-conviction data criminal history records. State law treats these differently from court records. You can also ask to destroy diversion records related to juvenile records.  

Can I ask to seal any kind of case record?

Yes. You can ask to seal any kind of case or any part of the public court record. But you may have to meet certain requirements for the court to be able to actually seal the court records. 

• For all civil records that can be sealed: You must show that sealing or redacting the court records is “justified by compelling privacy or safety concerns that outweigh public interest in accessing the record.”
• For all criminal records that can be sealed: You must show that the record has been vacated and you must prove that sealing or redacting the court records is “justified by compelling privacy or safety concerns that outweigh public interest in accessing the record.”
• Some evidence must be submitted under seal for a private review by the court. If you want to submit information about the other party’s sexual history, you must submit it with a request to seal. For this kind of situation, the Motion to Redact or Seal must be filed at least 14 days before the hearing. You must state what information you want to provide and why that information is important to the case.
• If you’re filing a new court case that you want sealed right away, the judge will decide on your Motion to Redact or Seal first before ruling on the main issue of your case. If the judge denies your motion to redact or seal, then you must decide whether to withdraw the case itself or go ahead and file it anyway.

How much does this cost?    

It depends. If you’re filing the Motion to Redact or Seal at the same time that you’re filing the case that it’s part of, you’ll normally just pay the fee to file the case or document itself. Some courts will also charge a small Motion filing fee. 

If you’re requesting to seal a case that’s been finalized, you might have to pay a new filing fee, depending on how old or inactive the case is. All filing fees will be specific to the court and case type. If you can’t afford the filing fee, you can ask to have the fee canceled (waived).  

Will I have to go to a hearing? 

Yes. Amotion to seal always requires a hearing, no matter what kind of case you file it in or at what point in the case you file it. The hearing is required because you will have to say the mandatory 5 Ishikawa factors out loud or otherwise on the record to the judge at the hearing. It is not enough to just submit them in your motion.