What is the name of your state (only U.S. law)? TX
Would an expunged criminal non conviction arrest record fall under 2a2? The filed civil suit under the Forfeiture and Seizure laws. I am trying to get all references to my arrest sealed from the civil case file.
RULE 76a. SEALING COURT RECORDS
1. Standard for Sealing Court Records. Court records may not be removed from court files
except as permitted by statute or rule. No court order or opinion issued in the adjudication
of a case may be sealed. Other court records, as defined in this rule, are presumed to be open
to the general public and may be sealed only upon a showing of all of the following:
(a) a specific, serious and substantial interest which clearly outweighs:
(1) this presumption of openness;
(2) any probable adverse effect that sealing will have upon the general
public health or safety;
(b) no less restrictive means than sealing records will adequately and effectively protect
the specific interest asserted.
2. Court Records. For purposes of this rule, court records means:
(a) all documents of any nature filed in connection with any matter before any civil court, except:
(1) documents filed with a court in camera, solely for the purpose of obtaining
a ruling on the discoverability of such documents;
(2) documents in court files to which access is otherwise restricted by law;
(3) documents filed in an action originally arising under the Family Code.What is the name of your state (only U.S. law)?
Would an expunged criminal non conviction arrest record fall under 2a2? The filed civil suit under the Forfeiture and Seizure laws. I am trying to get all references to my arrest sealed from the civil case file.
RULE 76a. SEALING COURT RECORDS
1. Standard for Sealing Court Records. Court records may not be removed from court files
except as permitted by statute or rule. No court order or opinion issued in the adjudication
of a case may be sealed. Other court records, as defined in this rule, are presumed to be open
to the general public and may be sealed only upon a showing of all of the following:
(a) a specific, serious and substantial interest which clearly outweighs:
(1) this presumption of openness;
(2) any probable adverse effect that sealing will have upon the general
public health or safety;
(b) no less restrictive means than sealing records will adequately and effectively protect
the specific interest asserted.
2. Court Records. For purposes of this rule, court records means:
(a) all documents of any nature filed in connection with any matter before any civil court, except:
(1) documents filed with a court in camera, solely for the purpose of obtaining
a ruling on the discoverability of such documents;
(2) documents in court files to which access is otherwise restricted by law;
(3) documents filed in an action originally arising under the Family Code.What is the name of your state (only U.S. law)?
