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Rule 4-205. Securityof court records.

Intent:

To assure that the security and accuracy ofcourt records are maintained.

To assure that authorized personnel haveaccess to court records when appropriate.

To establish responsibility ofcourt personnel for security of court records.

To establish the proceduresfor securing non-public records.

Applicability:

This rule shall apply to all courts of recordand not of record.

Statement of the Rule:

(1) Court records restricted. All court recordsshall be kept in a restricted area of the court closed to public access.

(2) The clerk of the court may authorize, inwriting, abstractors, credit bureau representatives, title companyrepresentatives and others who regularly research court records to have directaccess to public court records. The clerk of the court shall ensure thatpersons to whom such authorization is granted are trained in the properretrieval and filing of court records. The clerk of court may set reasonablerestrictions on time and place for inspecting and copying records.

(3) Removal of records. Court records shallnot be removed from their normal place of storage except by court personnel orby individuals obtaining the written authorization of the clerk of the court orthe judge assigned to the case. Court records shall not be removed from thecourthouse without permission of the court. Records removed from the courthouseshall be returned within two days, except that records removed for the purposeof an appeal shall be returned within such time as specified by the clerk ofthe court, unless otherwise ordered by the judge. Any person removing a recordis responsible for the security and the integrity of the record.

(4) Management of non-public records.

??????????? (4)(A)Method of sealing and storage. Non-public records which are part of a largerpublic record shall be filed apart from the public record or in a manner thatclearly distinguishes the record as not public. Sealed records shall be placedin an envelope which is securely sealed. The clerk of the court shall recordthe case number and record classification on the envelope and shall inscribeacross the sealed part of the envelope the words "Not to be opened exceptupon permission of the court."

??????????? (4)(B)Expunged records.

??????????? (4)(B)(i) Upon entry of an order of expungement,the clerk of the court shall:

??????????? (4)(B)(i)(a) obliterateor destroy all reference to the expunged portion of the record in the papercopy of the index and maintain a separate index of expunged records notavailable to the public;

??????????? (4)(B)(i)(b) cover, without obliteratingor destroying, all entries in the paper copy of the register of actions,including case identifying information other than the court docket number; and

??????????????????????????????????? (4)(B)(i)(c) placean entry in the computer record that restricts retrieval of case identifyinginformation and the register of actions to court personnel with authorizationto review such information. The security restriction shall not be removedexcept upon written order of the court.

??????????????????????? (4)(B)(ii)Upon being served with an order of expungement, theclerk of an appellate court shall comply with paragraph (4)(B)(i). A brief will not be classified as private, protected,sealed, safeguarded, juvenile court legal, or juvenile court social unless a motionor petition to do so under Rule 4-202.04 is granted.

??????????? (4)(C)Record of event. The record of expunging or sealing a record shall be enteredin the register of actions.

 

EffectiveMay 1, 2016