Having an injunction against you can be frightening. It can be even worse to have it hanging over your head for years afterward. Because an injunction is a civil proceeding (as opposed to a criminal one), you cannot expunge it, but you may be able to seal the injunction to make it confidential.
How can I seal an injunction record in Florida?
As mentioned above, while you cannot expunge the record of your injunction, you may be able to get it sealed if you can meet the requirements of Rule 2.420(c)(9) of the Florida Rules of Judicial Administration. If you are successful in sealing your injunction, it will mean the injunction is still on your record, but it is no longer generally discoverable.
Note: Because the injunction is a civil matter, it should not appear on a criminal background check.
Step One: File a Motion to Determine Confidentiality of Court Records
First, you or your attorney must file a written motion to make the injunction record confidential, called a “Motion to Determine Confidentiality of Court Records.” In this motion, you must:
- Specifically identify the particular court records (or portion thereof) that you seek to be confidential,
- Specify the basis for wanting confidentiality, and
- Provide valid case law and legal standards to back up your claim of confidentiality for this matter
In addition, your motion must also include a signed certification that you are requesting confidentiality of this document in good faith and that you have backed up your request by valid case law.
Step Two: Present Evidence to Show you will Suffer Substantial Injury Through Disclosure
Under Rule 2.420(c)(9) of the Rules of Judicial Administration, any record that the court determines “to be confidential in case decision or court rule on the grounds that (A) confidentiality is required to … (vi) avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed” is eligible to be sealed for confidentiality purposes.
In other words, if you can show the court that allowing your injunction to be public record will cause substantial injury to your privacy interests, then the court may seal the record of your injunction.
Contact a St. Petersburg Sealing and Expungement Attorney
Battling legal matters on your own can be a frightening, disconcerting, and intimidating experience. Let our St. Petersburg sealing and expungement lawyers help you seal the record of your injunction so you may move on with your life without unforeseen obstacles.
Contact Goldman Wetzel today for help at 727-828-3900.