RULE GR 15
DESTRUCTION, SEALING, AND REDACTION OF COURT RECORDS
(a) Purpose and Scope of the Rule. This rule sets forth a
uniform procedure for the destruction, sealing, and
redaction of court records. This rule applies to all court
records, regardless of the physical form of the court
record, the method of recording the court record, or the
method of storage of the court record.
(b) Definitions.
(1) "Court file" means the pleadings, orders, and other
papers filed with the clerk of the court under a single
or consolidated cause number(s).
(2) "Court record" is defined in GR 31(c)(4).
(3) Destroy. To destroy means to obliterate a court record
or file in such a way as to make it permanently
irretrievable. A motion or order to expunge shall be
treated as a motion or order to destroy.
(4) Seal. To seal means to protect from examination by the
public and unauthorized court personnel. A motion or
order to delete, purge, remove, excise, or erase, or
redact shall be treated as a motion or order to seal.
(5) Redact. To redact means to protect from examination by
the public and unauthorized court personnel a portion
or portions of a specified court record.
(6) Restricted Personal Identifiers are defined in GR
22(b)(6).
(7) Strike. A motion or order to strike is not a motion or
order to seal or destroy.
(8) Vacate. To vacate means to nullify or cancel.
(c) Sealing or Redacting Court Records.
(1) In a civil case, the court or any party may request a
hearing to seal or redact the court records. In a
criminal case or juvenile proceedings, the court, any
party, or any interested person may request a hearing
to seal or redact the court records. Reasonable notice
of a hearing to seal must be given to all parties in
the case. In a criminal case, reasonable notice of a
hearing to seal or redact must also be given to the
victim, if ascertainable, and the person or agency
having probationary, custodial, community placement, or
community supervision over the affected adult or
juvenile. No such notice is required for motions to
seal documents entered pursuant to CrR 3.1(f) or CrRLJ 3.1(f).
(2) After the hearing, the court may order the court files
and records in the proceeding, or any part thereof, to
be sealed or redacted if the court makes and enters
written findings that the specific sealing or redaction
is justified by identified compelling privacy or safety
concerns that outweigh the public interest in access to
the court record. Agreement of the parties alone does
not constitute a sufficient basis for the sealing or
redaction of court records. Sufficient privacy or
safety concerns that may be weighed against the public
interest include findings that:
(A) The sealing or redaction is permitted by statute;
or
(B) The sealing or redaction furthers an order entered
under CR 12(f) or a protective order entered under
CR 26(c); or
(C) A conviction has been vacated; or
(D) The sealing or redaction furthers an order entered
pursuant to RCW 4.24.611; or
(E) The redaction includes only restricted personal
identifiers contained in the court record; or
(F) Another identified compelling circumstance exists
that requires the sealing or redaction.
(3) A court record shall not be sealed under this section
when redaction will adequately resolve the issues
before the court pursuant to subsection (2) above.
(4) Sealing of Entire Court File. When the clerk receives a
court order to seal the entire court file, the clerk
shall seal the court file and secure it from public
access. All court records filed thereafter shall also
be sealed unless otherwise ordered. The existence of a
court file sealed in its entirety, unless protected by
statute, is available for viewing by the public on
court indices. The information on the court indices is
limited to the case number, names of the parties, the
notation "case sealed," the case type and cause of
action in civil cases and the cause of action or charge
in criminal cases, except where the conviction in a
criminal case has been vacated, section (d) shall
apply. The order to seal and written findings
supporting the order to seal shall also remain
accessible to the public, unless protected by statute.
(5) Sealing of Specified Court Records. When the clerk
receives a court order to seal specified court records
the clerk shall:
(A) On the docket, preserve the docket code, document
title, document or subdocument number and date of
the original court records;
(B) Remove the specified court records, seal them, and
return them to the file under seal or store
separately. The clerk shall substitute a filler
sheet for the removed sealed court record. If the
court record ordered sealed exists in a microfilm,
microfiche or other storage medium form other than
paper, the clerk shall restrict access to the
alternate storage medium so as to prevent
unauthorized viewing of the sealed court record;
and
(C) File the order to seal and the written findings
supporting the order to seal. Both shall be
accessible to the public.
(D) Before a court file is made available for
examination, the clerk shall prevent access to the
sealed court records.
(6) Procedures for Redacted Court Records. When a court
record is redacted pursuant to a court order, the
original court record shall be replaced in the public
court file by the redacted copy. The redacted copy
shall be provided by the moving party. The original
unredacted court record shall be sealed following the
procedures set forth in (c)(5).
(d) Procedures for Vacated Criminal Convictions. In cases where
a criminal conviction has been vacated and an order to seal
entered, the information in the public court indices shall
be limited to the case number, case type with the
notification "DV" if the case involved domestic violence,
the adult or juvenile's name, and the notation "vacated."
(e) Grounds and Procedure for Requesting the Unsealing of Sealed Records.
(1) Sealed court records may be examined by the public only
after the court records have been ordered unsealed
pursuant to this section or after entry of a court
order allowing access to a sealed court record.
(2) Criminal Cases. A sealed court record in a criminal
case shall be ordered unsealed only upon proof of
compelling circumstances, unless otherwise provided by
statute, and only upon motion and written notice to the
persons entitled to notice under subsection (c)(1) of
this rule except:
(A) If a new criminal charge is filed and the
existence of the conviction contained in a sealed
record is an element of the new offense, or would
constitute a statutory sentencing enhancement, or
provide the basis for an exceptional sentence,
upon application of the prosecuting attorney the
court shall nullify the sealing order in the prior
sealed case(s).
(B) If a petition is filed alleging that a person is a
sexually violent predator, upon application of the
prosecuting attorney the court shall nullify the
sealing order as to all prior criminal records of
that individual.
(3) Civil Cases. A sealed court record in a civil case
shall be ordered unsealed only upon stipulation of all
parties or upon motion and written notice to all
parties and proof that identified compelling
circumstances for continued sealing no longer exist, or
pursuant to RCW 4.24 or CR 26(j). If the person seeking
access cannot locate a party to provide the notice
required by this rule, after making a good faith
reasonable effort to provide such notice as required by
the Superior Court Rules, an affidavit may be filed
with the court setting forth the efforts to locate the
party and requesting waiver of the notice provision of
this rule. The court may waive the notice requirement
of this rule if the court finds that further good faith
efforts to locate the party are not likely to be successful.
(4) Juvenile Proceedings. Inspection of a sealed juvenile
court record is permitted only by order of the court
upon motion made by the person who is the subject of
the record, except as otherwise provided in RCW
13.50.010(8) and 13.50.050(23). Any adjudication of a
juvenile offense or a crime subsequent to sealing has
the effect of nullifying the sealing order, pursuant to
RCW 13.50.050(16).
(f) Maintenance of Sealed Court Records. Sealed court records
are subject to the provisions of RCW 36.23.065 and can be
maintained in mediums other than paper.
(g) Use of Sealed Records on Appeal. A court record or any
portion of it, sealed in the trial court shall be made
available to the appellate court in the event of an appeal.
Court records sealed in the trial court shall be sealed from
public access in the appellate court subject to further
order of the appellate court.
(h) Destruction of Court Records.
(1) The court shall not order the destruction of any court
record unless expressly permitted by statute. The court shall
enter written findings that cite the statutory authority for the
destruction of the court record.
(2) In a civil case, the court or any party may request a
hearing to destroy court records only if there is express
statutory authority permitting the destruction of the court
records. In a criminal case or juvenile proceeding, the court,
any party, or any interested person may request a hearing to
destroy the court records only if there is express statutory
authority permitting the destruction of the court records.
Reasonable notice of the hearing to destroy must be given to all
parties in the case. In a criminal case, reasonable notice of the
hearing must also be given to the victim, if ascertainable, and
the person or agency having probationary, custodial, community
placement, or community supervision over the affected adult or juvenile.
(3) When the clerk receives a court order to destroy the entire
court file the clerk shall:
(A) Remove all references to the court records from
any applicable information systems maintained for
or by the clerk except for accounting records, the
order to destroy, and the written findings. The
order to destroy and the supporting written
findings shall be filed and available for viewing
by the public.
(B) The accounting records shall be sealed.
(4) When the clerk receives a court order to destroy specified
court records the clerk shall;
(A) On the automated docket, destroy any docket code information
except any document or sub-document number previously assigned to
the court record destroyed, and enter "Order Destroyed" for the
docket entry;
(B) Destroy the appropriate court records, substituting, when
applicable, a printed or other reference to the order to destroy,
including the date, location, and document number of the order to
destroy; and
(C) File the order to destroy and the written findings
supporting the order to destroy. Both the order
and the findings shall be publicly accessible.
(5) This subsection shall not prevent the routine
destruction of court records pursuant to applicable
preservation and retention schedules.
(i) Trial Exhibits. Notwithstanding any other provision of this
rule, trial exhibits may be destroyed or returned to the
parties if all parties so stipulate in writing and the court so orders.
(j) Effect on Other Statutes. Nothing in this rule is intended
to restrict or to expand the authority of clerks under
existing statutes, nor is anything in this rule intended to
restrict or expand the authority of any public auditor in
the exercise of duties conferred by statute.
[Adopted effective September 22, 1989; amended effective
September 1, 1995; June 4, 1997; June 16, 1998; September 1,
2000; amended effective October 1, 2002; amended effective July 1, 2006.]
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