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Dutchess_III's avatar

What does it mean when legal records are "sealed"?

Asked by Dutchess_III (46807points) December 13th, 2011

I got to thinking about this because a friend of mine got a DUI a few months ago, and is going through all the hoops of the punishment. After everything is complete, after a year, since it’s the first time, by Kansas law the record will be expunged or deferred or whatever. Her attorney said it will be ‘like it never happened, unless it happens again.’ Of course, the record will still be out there, or they wouldn’t know if it happened “again.” So what does that mean, and how accessible are these records?

Then I also remembered that a couple of years ago I was at the court house looking up some records on an individual, and found an old charge of evading the police…but it happened when he was a minor. I thought charges against minors were sealed, unless something major happened to unseal them.

So are those things available to the general public or not? How hard is it to get information that, by law, you don’t have to reveal?

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12 Answers

Pandora's avatar

This link shows a list of crimes that you cannot have sealed.
Seems being underage does not cover automatically.

Dutchess_III's avatar

Well, the second individual has never been in any legal trouble as an adult, and the charge as a juvenile was relatively tame, so I’m really wondering if that wasn’t an error in our computer system at the court house.

I actually didn’t see where being underage was even covered in that…

JLeslie's avatar

It should not be available to the general public if it is expunged and sealed. Sometimes one time offenders seek expungement if they can show they have not committed anymore crimes. Especially this is pursued for young offenders who straightened out their life, or are trying, and their record gets in the way of getting a job. Here is a wikipedia on expungement.

Judge Mathis has a program for people who can benefit from expunging their record.

Dutchess_III's avatar

So that’s my question @JLeslie…I don’t think I should have been able to view the charges on the guy from when he was a minor. He was about 25 then.

JLeslie's avatar

@Dutchess_III yeah, but working at the courthouse is not like being partof the general public I am thinking. I’m not sure though. I know very little about the law. Was it on some sort of intranet site? Not public record? Maybe it said sealed and you didn’t notice? Just thinking out loud.

WestRiverrat's avatar

If it happened when he was 25, he was not a minor.

JLeslie's avatar

It doesn’t matter if he was 25 if it was expunged, that is the point of expungement. Most jeuvenile records are sealed automatically.

Supacase's avatar

I read it as he was a minor when he committed the crime and she saw the information years later when he was 25, not that he committed the crime at age 25.

JLeslie's avatar

@Dutchess_III I just realized I misunderstood one thing you said. I thought you were working at the courthouse, but if I understand correctly now, you were just looking up a record at the courthouse. I’m not sure why that was the case. Unless he was tried as an adult?

WestRiverrat's avatar

In some states traffic violations are not sealed, this could be the case here.

bkcunningham's avatar

The key to the law in Kansas regarding juveniles and the Kansas Open Records Act is “certain” records of juveniles are sealed.

Exceptions to the Open Records Act

The Kansas Open Records Act recognizes that some records contain information that is private in nature. For this reason, the Act lists a number of exceptions. Some of the common court records closed by statute include:

Adoption records
Personal information of public employees
Certain criminal investigation records
Search warrants, unless entered into evidence
Expunged criminal records
Many child-in-need-of-care and juvenile records
Grand jury proceedings

Other specifically exempt records are listed in K.S.A. 45–221 and others may be exempt pursuant to judicial order or caselaw.
(Link for KSA 45–221: http://kansasstatutes.lesterama.org/Chapter_45/Article_2/45-221.html )

Q. What juvenile offender files are open?
A. Generally, for cases after July 1, 1997, “official file” documents within juvenile court files are open unless ordered closed by a judge. However, certain juvenile court file reports and documents contain social history and other sensitive information. These “social file” documents are filed separately and are confidential.

http://www.kscourts.org/appellate-clerk/general/open-records-act/default.asp

Dutchess_III's avatar

@Supacase is correct. He was a minor when he incurred the charge. I read it 6 or so years later on the public computer they have in in the corner of the county clerk’s office.

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