General Rule 15 (also known as GR 15) is the Supreme Court rule that lays out the rules and standards for sealing a court file.  This page lists the proposed changes to GR 15 as well as the current version of GR 15.

Proposed Changes to GR 15:

The Washington Supreme Court has proposed changing GR 15 to make it easier to seal court records.  The most important proposal is listed below at section (c)(2)(C).  It appears that the Supreme Court is finally changing the court rules to reflect the computerized society we live in.  We believe it is extremely likely that these changes, with some small revisions, will go into effect sometime in 2006.  Check this website any time to see if the changes become adopted. 

Here are the proposed changes:

(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, 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 or 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 proceeding, 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 defendant.

(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 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 (underlining added for emphasis); 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 circumstances 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. In the event the If the court record ordered sealed exists in a microfilm, microfiche or other storage medium form other than paper, the clerk shall limit 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 notation “DV” if the case involved domestic violence, the defendant’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 records 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 of compelling circumstances, 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 (24). 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(15).

Current version of GR 15:

DESTRUCTION AND SEALING OF COURT RECORDS

    (a) Purpose and Scope of the Rule. This rule sets forth a
uniform procedure for the destruction and sealing of court files,
cases, records, or specified documents or material in a court
file or record at all court levels. This rule shall apply to
court files, cases, records, documents, or materials in any form
or format, including but not limited to hard copy, microfilm,
microfiche, and automated information system format. The clerk
shall maintain all documents and materials filed with the court,
and shall make available for public examination all files, cases,
records, documents, or materials which have not been ordered
destroyed or sealed.

    (b) Definition and Construction of Terms.

    (1) Seal. To seal means to protect from examination by the
public or nonauthorized court personnel. Sealing of a hard copy,
microfilm, or microfiche is accomplished by enclosing with a
fastening which must be broken before access can be obtained.
Sealing of an automated information system file or record is
accomplished by restricting access to authorized court personnel
only.  The existence of a sealed file, unless protected by
statute, is available for viewing by the public on court indices,
but is limited to the case number, names of the parties, the
notation "case sealed", the case type in civil cases and the
cause of action or charge in criminal cases. The contents of
sealed documents or records within a case are not available for
viewing by the public. Sealed files, documents or records may be
examined by the public only after the files, documents, or
records have been ordered unsealed pursuant to section (d) of
this rule. A motion or order to delete, purge, remove, excise, or
erase shall be treated as a motion or order to seal.

    (2) Destroy. To destroy means to obliterate a court file,
case, document or material 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.

    (3) Strike. A motion or order to strike is not a motion or
order to seal or destroy.

    (c) Grounds and Procedure for Requesting the Sealing or
Destruction of Court Records.

    (1) Criminal Cases or Juvenile Proceedings.

    (A) Destruction of Files or Records. On motion of any
interested person in a criminal case or juvenile proceeding, or
on the court's own motion, and after a hearing, the court may
order the files and records in the proceeding, or any part
thereof, to be destroyed if the court finds that such action is
expressly permitted by statute. Reasonable notice of the hearing
shall be given to: (1) the prosecuting authority of the city or
county; (2) the affected adult or juvenile defendant; (3) the
victim, if ascertainable; and (4) the person or agency having
probationary, custodial, community placement, or community
supervision over the affected adult or juvenile defendant.  This
subsection (c)(1)(A) shall not preclude the routine destruction
of documents pursuant to applicable retention schedules.

    (B) Sealing of Files and Records. Subject to the provisions
of RCW 4.24 and CR 26(j), on motion of any interested person in a
criminal case or juvenile proceeding, or on the court's own
motion, and after a hearing, the court may order the files and
records in the proceeding, or any part thereof, to be sealed if
the court finds that such action is expressly permitted by
statute or that there are compelling circumstances requiring such
action. Reasonable notice of the hearing shall be given by the
moving party to: (1) the prosecuting authority of the city or
county; (2) the affected adult or juvenile defendant; (3) the
victim, if ascertainable; and (4) the person or agency having
probationary, custodial, community placement, or community
supervision over the affected adult or juvenile defendant.

    (2) Civil Cases.

    (A) Destruction of Files or Records. After entry of final
judgment, no civil case file or any part thereof may be
destroyed, except after files have been microfilmed as provided
in RCW 36.23.065. Before entry of final judgment, civil case
files or parts thereof may be destroyed only if the destruction
is expressly permitted by statute.  This subsection (c)(2)(A)
shall not preclude the routine destruction of documents pursuant
to applicable retention schedules.

    (B) Sealing of Files or Records. On motion of any party to a
civil proceeding, or on the court's own motion, and after
reasonable notice to the nonmoving party and a hearing, the court
may order the sealing of any files and records in the proceeding
(i) to further an order entered under CR 12(f) or a protective
order entered under CR 26(c); or (ii) under compelling
circumstances where justice so requires.

    (d) Grounds and Procedure for Requesting the Unsealing of
Sealed Records.

    (1) Criminal Cases. After the entry of an order to seal all
or part of a court file in a criminal proceeding, the records
sealed 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.

    (2) Civil Cases. After the entry of an order to seal all or
part of a court file in a civil proceeding, the records shall be
ordered unsealed only upon stipulation of all parties or upon
motion and written notice to all parties and proof of compelling
circumstances, or pursuant to RCW 4.24 or CR 26(j).

    (3) Juvenile Proceedings.  After entry of an order to seal
all or part of a court file in a juvenile proceeding, inspection
of the files and records included in the order to seal may
thereafter be 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 (24). 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(15).

    (e) Clerks Duties.

    (1) Destruction of Entire File. Upon receipt of a court order
to destroy the entire file under the primary control of the
clerk, the clerk shall:

    (A) Destroy all references to the file from any applicable
automated information systems; and

    (B) Destroy all documents in the file, in whatever media they
may be stored, except for the order to destroy.

    (2) Sealing of Entire File. Upon receipt of a court order to
seal the entire file under the primary control of the clerk, the
clerk shall:

    (A) Seal the automated file

    (B) Seal the file and secure it and all subsequently filed
documents from public access, except for the order to seal.

    (3) Destruction of Specified Documents. Upon receipt of a
court order to destroy specified documents or materials within a
file under the primary control of the clerk, the clerk shall:

    (A) On the automated docket destroy any docket code
information except any document or sub-document number previously
assigned to the document destroyed and enter "Ordered Destroyed"
for the docket entry;

    (B) Destroy the appropriate documents or material in whatever
media they any be stored, 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.

    (4) Sealing of Specified Documents. Upon receipt of a court
order to seal specified documents or material within a file under
the primary control of the clerk, the clerk shall:

    (A) On the automated docket, preserve the docket code,
document title, document or subdocument number and date of the
original documents or material;

    (B) Remove the documents or material from the file, seal
them, and return them to the file under seal or store separately,
substituting a filler sheet for the removed sealed document. In
the event the document ordered sealed exists in a microfilm,
microfiche or other storage medium, the clerk shall limit access
to the alternate storage medium so as to prevent unauthorized
viewing of the sealed document; and

    (C) File the order to seal.

    (D) If the file is made available for examination, the clerk
shall prevent access to the sealed records before the rest of the
file is made available.

 

Steve Rosen
Attorney at Law
800 5th Avenue, 40th Floor
Seattle, WA 98104

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