Divorce is a traumatic and painful process that often leaves both spouses feeling emotionally exposed and vulnerable. It is difficult to acknowledge that a marriage did not succeed, and see the effects of a split household on one’s children. This sense of exposure is furthered by having to discuss intimate personal and financial details with strangers, such as attorneys and judges, which is a necessity and not typically a choice. In addition, disclosure must be made to immediate family and close friends, but is often expected by others far outside this circle. All of this revelation commonly leaves the parties overwhelmed, and it is easy to forget that documents filed in court cases are matters of public record. This means members of the public have access to this information at all times. Thirty years ago this meant traveling to the courthouse and making a formal request for access, which greatly reduced the number of people potentially interested. But, with the advent of electronic records, a vastly greater number of people can now retrieve this personal information relatively easily. Negotiating a divorce agreement through alternative processes, such as mediation or the collaborative law process, keeps this information private and confidential, but if a judge needs to get involved, knowing about the feasibility of sealing court records is useful and important information.
Indiana’s Public Records Law
Indiana’s law on access to public records includes a strong statement that it is a matter of public policy that information on the conduct and proceedings of government must be open to the public as an essential component of the preservation of representative government. Further, a “public record” includes all documents, recordings, and other materials filed with, received, or maintained by a public agency, which includes the court system. Essentially, anything filed, received, or recorded by a judge or court staff member is considered a public record. Note, however, that identification and location information related to minors and victims of domestic violence is automatically redacted to protect their safety.
Requesting the Court Seal Case Records
A person who wishes to seal court records has a high burden to overcome. Indiana courts will only seal this information if the requesting party can demonstrate one of the following:
- Prohibiting access to the information would greatly serve the public interest;
- Access or release of this information would generate a significant risk of harm to the requesting party, others, or the general public; or
- Prohibiting access is essential to preventing the formation of substantial prejudice in an ongoing case.
Once the request is made, both the request and the particular records involved are confidential until a decision is made. While the court can deny such requests without a hearing, if a judge is considering granting it, a public hearing must first be held so that any interested person has the opportunity to argue for or against blocking access. Assuming a request is granted, the law directs the court to fashion the least restrictive method of prohibiting access, which could mean the court blocks access to certain parts of the record or makes access harder, but not impossible, to obtain. Thus, there is no guarantee the party seeking to seal a record will achieve his/her purpose. All this is to say, trying to seal any public record in Indiana is a daunting task, so alternatives, like those listed above, should be seriously explored and attempted if privacy is a large concern.
Contact a Divorce Attorney
There is much more to a divorce than merely severing the legal bonds of marriage. Many rights and obligations are both created and lost in divorce, and an experienced divorce attorney can both educate you on these matters and help you achieve the result you seek. Christopher L. Arrington handles a variety of family law matters for clients in the Indianapolis area. Contact him today to schedule an appointment to discuss your case.