A few years ago, I got it in my head to file a lawsuit against the bank that was foreclosing on my house. Well, to make a long story short, nothing came of it. I decided to drop it a few months later. I had some grounds, but it was purely emotional. Had I thought it through more carefully, I would not have filed. My question is, can I remove this lawsuit out of my public files at the courthouse?
Yes, there is a procedure for this, but you will not likely be successful. In California, motions to seal records in both civil and criminal cases are governed by California Rules of Court, Rules 2.550 et seq. Under California law, unless confidentiality is required, court records are presumed to be open to the public. (CRC 2.550(c).) An agreement by the parties to file documents under seal is therefore insufficient. Such an arrangement “is entirely inconsistent with the mandatory requirements of rules 2.550 and 2.551 and the constitutional values informing those requirements.” (Savaglio v. Wal–Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 600. )
In order to seal records, the court must “expressly find facts that establish:
(1) There exists an overriding interest that overcomes the right of public access to the record;
(2) The overriding interest supports sealing the record;
(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;
(4) The proposed sealing is narrowly tailored; and
(5) No less restrictive means exist to achieve the overriding interest.”
California Rules of Court, Rule 2.550(d).
This rule and Rule 2.551 provide a standard and procedures for courts to use when a request is made to seal a record. The standard is based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. These rules apply to civil and criminal cases. They recognize the First Amendment right of access to documents used at trial or as a basis of adjudication. The rules do not apply to records that courts must keep confidential by law. Examples of confidential records to which public access is restricted by law are records of the family conciliation court (Family Code, § 1818(b)), in forma pauperis applications (Cal. Rules of Court, rules 3.54 and 8.26), and search warrant affidavits sealed under People v. Hobbs (1994) 7 Cal.4th 948. The sealed records rules also do not apply to discovery proceedings, motions, and materials that are not used at trial or submitted to the court as a basis for adjudication.
Rule 2.550(d)-(e) is derived from NBC Subsidiary. That decision contains the requirements that the court, before closing a hearing or sealing a transcript, must find an "overriding interest" that supports the closure or sealing, and must make certain express findings. (Id. at pp. 1217-1218.) The decision notes that the First Amendment right of access applies to records filed in both civil and criminal cases as a basis for adjudication.
James Michael SlominskiIntellectual Property Law AttorneyLos Angeles, CA ·
While I cannot give you legal advice in this forum, from the facts you provided I am unaware of any authority that would allow you to seal or expunge the public record of the action you previously filed. See Mr. Chen's response for the more detailed explanation.
As Mr. Chen said, sometimes a court file can be sealed. In your case, it would probably not be done. The lawsuit does stay on the court records essentially forever. The courts still destroy files after a certain number of years, but with digital records, destruction of the paper file will probably not remove the digital records.
