A court order to seal or unseal records is a judge’s ruling that either removes specific court documents from public view or restores public access to documents that were previously restricted. American courts start from the position that their files are open, so either order requires a party to file a motion and convince the judge that the facts justify overriding that default. The standard is demanding, the paperwork is exacting, and the judge has to make written findings explaining the decision.
The Presumption Every Motion Has to Overcome
Two doctrines protect public access. The common law right of access, recognized by the Supreme Court in Nixon v. Warner Communications, Inc., gives every court supervisory power over its own records but treats openness as the baseline.1Legal Information Institute. Nixon v. Warner Communications, Inc., 435 U.S. 589 The First Amendment right of access, developed in Richmond Newspapers and the Press-Enterprise cases, extends similar protection to criminal trials, jury selection, preliminary hearings, and related proceedings.2Legal Information Institute. Press-Enterprise Co. v. Superior Court of California, 478 U.S. 1
That baseline is what any motion to seal has to displace. When someone later moves to unseal, the same doctrines cut the other way: they support restoring access as soon as the original reasons for sealing weaken.
The Legal Standard a Judge Applies
The Supreme Court’s test in Press-Enterprise sets the bar. The presumption of openness can be overcome only when three things are true. There has to be an overriding interest that would be seriously harmed by disclosure. The sealing has to be narrowly tailored to protect that interest. And the judge has to make specific findings on the record, detailed enough that an appellate court can review whether the order was proper.2Legal Information Institute. Press-Enterprise Co. v. Superior Court of California, 478 U.S. 1
Narrow tailoring is where a lot of motions fall apart. A judge cannot seal a whole file because one paragraph is sensitive. If redacting names, dollar amounts, or other specific details would protect the interest at stake, a motion to seal the entire document will fail. The burden stays with the party asking for the seal throughout the process, and vague or boilerplate justifications do not satisfy the findings requirement.
On a motion to unseal, the analysis flips. The judge asks whether the original interest still holds, whether time has drained the risk, and whether a new public interest in the case has emerged. If any of those tips against continued secrecy, the records go back into the public docket.
Grounds Courts Actually Accept
Only a limited set of interests will clear the standard. The moving party has to tie their specific facts to one of them.
Trade Secrets and Proprietary Business Information
Litigation often forces companies to hand over pricing algorithms, customer lists, manufacturing processes, or internal financial data. Courts will seal the specific documents containing that information when disclosure would hand competitors an unfair advantage or cause irreparable commercial harm. The operative word is specific: a company cannot seal the whole case because some exhibits contain proprietary material.
Witness Safety and National Security
Protecting witnesses, informants, and cooperating defendants is one of the cleaner grounds. Courts have recognized that keeping someone in a witness protection program anonymous is a compelling interest.3Reporters Committee for Freedom of the Press. Interests Often Cited in Opposing a Presumption of Access Classified information and intelligence methods operate the same way; the sensitive portions can be sealed to prevent disclosure that would compromise operations.
Privacy of Minors
Federal Rule of Civil Procedure 5.2 already requires that filings identify minors only by their initials.4Office of the Law Revision Counsel. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court Beyond that default, a judge can order filings involving minors sealed entirely when the circumstances warrant it. Many state courts go further and automatically seal juvenile delinquency and dependency proceedings.
Sexual Assault Victims
Courts have accepted victim privacy as a ground for sealing records that would identify a sexual assault victim, especially when the victim did not choose to be part of the litigation and public exposure would compound the original harm.
Grand Jury Materials
Grand jury secrecy is the default, not the exception. Federal Rule of Criminal Procedure 6(e) bars grand jurors, court reporters, interpreters, and government attorneys from disclosing what happens before the grand jury.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 6 – The Grand Jury A government attorney can share the material with other federal personnel working on the criminal enforcement, and a court can authorize disclosure to state or foreign officials when the material shows a violation of their laws.6United States Department of Justice. Justice Manual 9-11.000 – Grand Jury Outside those exceptions, unsealing grand jury materials requires a court order and a showing of particularized need.
Filing a Motion to Seal
Courts expect a precisely assembled package. Sloppy paperwork sinks otherwise valid requests.
What Goes in the Motion
The motion identifies the exact case number, the specific documents targeted, and the dates those documents were filed. References to “the financial records” or “certain exhibits” get motions rejected or delayed. The body of the motion explains the legal basis, connecting the facts to one of the recognized grounds above.
A sworn declaration usually accompanies the motion, spelling out the factual basis for the claimed harm. General assertions that disclosure would be embarrassing do not carry the burden; the declaration needs concrete evidence of the specific injury public access would cause. Most courts also want a proposed order the judge can sign, listing exactly which records are covered and what restrictions apply.
Handling the Sensitive Material Itself
There is a built-in problem with a motion to seal: you have to explain why something should be secret without exposing it in the motion. Courts solve this with a two-track filing. The moving party files a public version, often redacted, alongside a complete unredacted version submitted for the judge alone. Materials not yet filed can come in conditionally sealed, either in a physical sealed envelope or through a secure digital portal, so the judge can review them in chambers without them hitting the public docket.
Notice, Fees, and Timing
Every other party in the case has to receive notice of the motion and a chance to respond. In many federal courts, opposing parties get at least seven days from filing to weigh in. The judge can rule with or without a hearing, and often reviews the sensitive materials in camera before deciding.
Filing fees vary. Most state courts charge somewhere between $35 and $60 for a motion. Federal courts typically do not charge a separate fee for a motion to seal filed within an existing case. Resolution usually comes within a few weeks to a couple of months after briefing closes, depending on the court’s docket and the complexity of the issues.
Filing a Motion to Unseal
Standing to seek unsealing is broad. Parties can move, but so can members of the public, journalists, and advocacy organizations. The common law and First Amendment rights of access belong to everyone, and courts routinely allow media companies to intervene in a case for the sole purpose of challenging a sealing order.
The structure of the motion mirrors a motion to seal, run in reverse. The moving party argues that the original justification no longer applies, that circumstances have changed, or that a public interest in the information now outweighs the privacy concern. Everyone involved in the original sealing order must be notified and given a chance to object. The judge then reruns the sealing analysis, asking whether an overriding interest still supports restriction and whether the seal remains narrowly tailored.
How Long a Sealing Order Lasts
There is no universal expiration. Whether records stay sealed, and for how long, depends on the judge’s order; courts can seal temporarily or permanently as the situation calls for.7Federal Judicial Center. Sealing Court Records and Proceedings – A Pocket Guide In practice, most sealed records stay sealed indefinitely, because once an order is in place there is rarely anyone with the motive to argue it should be lifted. Some local court rules impose presumptive time limits, after which sealed documents are unsealed, returned to the filing party, or destroyed.
Certain categories have built-in timelines. Qui tam cases under the False Claims Act are filed under seal for an initial 60-day period so the government can investigate, and extensions are common. Search warrant materials are often sealed only while the investigation is active and become accessible once it closes. Records of a defendant’s cooperation with prosecutors are sometimes sealed permanently to protect the defendant’s safety.7Federal Judicial Center. Sealing Court Records and Proceedings – A Pocket Guide
Penalties for Violating a Sealing Order
A sealing order is a court order, and violating it exposes the offender to contempt of court. Federal courts have broad inherent power to punish disobedience by fine, imprisonment, or both.8Office of the Law Revision Counsel. 18 USC 401 – Power of Court Civil contempt is the more common response, typically escalating fines designed to coerce compliance. When the violation is willful and also amounts to a criminal offense, federal law authorizes criminal contempt with penalties of up to $1,000 in fines and six months of imprisonment for an individual.9Office of the Law Revision Counsel. 18 USC 402 – Contempts Constituting Crimes
Protective orders in federal litigation make the risk explicit. The Southern District of New York’s model protective order, for example, requires anyone who accesses protected material to sign an acknowledgment that willful violation can result in contempt sanctions.10United States District Court, Southern District of New York. Model Stipulation and Protective Order A party who leaks sealed information can also face separate civil liability if the disclosure causes damages, and an attorney who violates a sealing order risks discipline from their state bar.