CRC 2.550 — Sealed Records (Substantive Standard)

Type: California Rules of Court (Title 2 — Trial Court Rules)

Summary

Substantive standard for sealing court records. Court records are presumed open unless confidentiality is required by law. Before ordering a record sealed, the court must expressly find facts establishing: (1) an overriding interest that overcomes the right of public access; (2) the overriding interest supports sealing; (3) a substantial probability 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.

When to use

The substantive sealing standard for any motion to seal portions of filings that touch Ella’s or Jack’s mental-health information, the 504 Plan student-permanent-ID, CFWB investigative material, or any other confidential matter. Companion procedural rule is CRC 2.551 - Procedures for Filing Records Under Seal. Pair with W&I §5328 and Evid §1014 to identify the underlying confidentiality interest that satisfies the §2.550 “overriding interest” prong.

Rule text (verbatim — operative findings prerequisites)

Unless confidentiality is required by law, court records are presumed to be open.

The court may order that a record be filed under seal only if it expressly finds 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.

Linked exhibits

Transclude of Exhibits-by-Statute.base