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Non-Public Records

Warning about Confidential Court Records

Under Section 78A-2-229, distributing non-public court records outside the parties or the court without prior court authorization is contempt of court or a class B misdemeanor.

Classification of Court Records: Public and Non-Public

Most records filed in the district courts and justice courts are "public" records, which means that anyone who asks can view the record and make a copy of it. Many public records are available on the court's website. Some records are "private," which means that only the parties, their lawyers and a few others can view and copy the record. Less common are "protected" records, which also means that only the parties, their lawyers and a few others can view and copy the record.

Some Common Cases That Are Not Public

  • Adoptions
  • Conservatorships and Guardianships
  • Divorce and Parentage
  • Protective Orders and Stalking Injunctions

Some Common Documents That Are Not Public

  • Judgment information statements
  • Victim impact statements
  • Medical records

Some Common Data Elements That Are Not Public

  • Social Security number
  • Driver's license number
  • Account number
  • Child's name and date of birth
  • Address, phone, and email of a non-party

For a more complete list of public and non-public records, see Rule 4-202.02.

Who has access to private court records?

The following may access a private court record:

  • a party or attorney for a party;
  • an interested person to an action under the Uniform Probate Code;
  • the person who submitted the record;
  • the subject of the record or their attorney, or the parent or guardian of the subject of the record if the subject is an unemancipated minor or under a legal incapacity, or a person with a notarized release from the subject of the record.

So, for example, the petitioner and respondent and their lawyers can view and copy the court records in their case, even if they are private. And, in a petition to appoint a guardian or conservator, the interested persons—anyone entitled to notice of the petition—also can view and copy the private court records.

Safeguarding Residential Address From the Other Party

Even private records are usually available to the parties in a case. Sometimes, if it is necessary to protect a person's personal safety, a person can keep her or his residential address from the other party. The person must request this, and it is authorized only for documents related to:

The party's address must still be filed with the court, and it may need to be shared with a constable or deputy sheriff for serving papers, or with other governmental agencies, but the information is not shared with the public or the other party except in the circumstances described in the statutes.

Filer Must Omit or Redact Non-Public Information

The person filing a document must exclude any non-public information from it and must declare that s/he has done so. See Rule 4-202.09(9). If you are preparing the document from scratch or completing a court form, omit any non-public information. If you are filing a document prepared apart from the court process that happens to contain non-public information, redact the non-public information. Non-public information contained in a public document will be accessible, possibly on the internet. The judicial services representative will not redact the non-public information for you.

Filer Must Designate Record as Non-Public

If the document being filed is not a public record, the person filing the document must designate it as a non-public record. See Rule 4-202.09(9).

Substitute Information for Non-Public Information

Sometimes a statute or rule will require that you provide non-public information to the court. For example, the name of a child is private, but in a petition for divorce it is necessary to identify the child for purposes of custody, parent-time and support. Rule 4-202.09(9) permits you to include substitute information for some common pieces of private information.

If non-public information is required, include in the public document only the following substitute information:

  • social security number: last four digits
  • financial or other account number: last four digits
  • driver's license number: state of issuance and last four digits
  • address of a non-party: city, state and zip code
  • date of birth of non-party: month and year of birth
  • minor's name: initials

You may still have to provide the court with the non-public information, and you should do so on a separate document. The courts have 4 forms, listed below for providing some of the more common pieces of non-public information to the court in a confidential manner.

When you file a non-public record, identify it as such for the judicial services representative. That will help ensure that the document is properly classified and not mistakenly made available to the public.

Motion to Classify a Record as Non-Public

If the non-public information in a document is so pervasive that it cannot conveniently be redacted, or if filing the non-public information is the primary purpose of the document, file a motion to classify the record as private (or protected). See Rule 4-202.04.

Do not confuse this with asking the court to "seal" the record. Sealed records are rare, such as adoption records and expunged criminal records. Private and protected records are kept secure from public view, but a sealed record is physically sealed, and no one, not even a party, can view or copy the record without a court order. See Rule 4-202.02(3), Rule 4-202.03(2), and Rule 4-205(4).

Forms (Non-Public Information)

  • Checklist - PDF Document PDF | Word Document Word
  • Non-public Information: Parent Identification and Location - PDF Document PDF | Word Document Word
    (Required for parentage or child support)
  • Non-public Information: Minors - PDF Document PDF | Word Document Word
    (Required if necessary to identify a minor)
  • Non-public Information: Safeguarded Address - PDF Document PDF | Word Document Word
    (Required if a person is permitted to safeguard a residential address from the other party)
  • Non-public Information: Personal Information - PDF Document PDF | Word Document Word
    (Required for filing personal identifying information)

Rules (Governing Access to Court Records)

Related Information

Page Last Modified: 1/15/2015
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