What is a Sealing Order?
A sealing order is a judicial order that removes a court file from the public record. This means that when a member of the general public searches for that specific court case through public channels, it will not appear. Unlike an expungement from a criminal record, a sealing order does not eliminate a court file from an individual's record. It simply makes that particular court file inaccessible to the public.
Sealing orders are primarily used in cases where an individual would not want the information from their case to be viewed by the public, such as eviction cases, cases involving trade secrets, debt cases, and personal matters like adoptions. They are beneficial for many reasons, including protecting their privacy, reputation, and financial security.
In Illinois, eviction sealing orders are governed by 735 ILCS 5/9-121(b). In order for a case to become sealed a sealing order must be filed and approved by the judge assigned to the case. It is within the judge’s discretion to determine whether they seal a court file, except in situations where they are required by law to seal them, like juvenile criminal records or family law matters involving children. Just as sealing orders are created by a motion to the court they can be unsealed in the same way.
What Factors Help in Sealing a Case?
When sealing a case many different factors can come into play. One factor that works greatly in favor of the sealing a file is if the sealing order is by agreement by both parties. This is called an agreed sealing order. Similarly, another factor that can help someone seal a case is if one party files the motion to seal and the other party does not oppose it. However, a sealing order does not have to be agreed upon or unopposed by the other party to succeed, these factors are simply more favorable.
Some factors, such as having a good basis to file a motion to seal, are non-negotiable. Good bases for filing the motion to seal in eviction cases include affirmative defenses, such as a breach of the warranty of habitability, dismissal of the case in question, the complaint was insufficient in fact or law, or a lack of jurisdiction. One does not need to have all of those factors, but at least one factor is necessary for the motion to succeed.
Lastly, there are also some more nebulous factors that might help when sealing a record such as justice and fairness. It is the judge’s job to determine whether sealing the record would go against the interest of justice. If public knowledge of the record is against those interests the judge is unlikely to seal the case. Judges will consider all the applicable factors when deciding whether or not they will seal a case.
