How can I get the public record of my dismissed case removed?

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1. Licensed in MI

   

   Henry GornbeinPro

   Bloomfield Hills Divorce / Separation Lawyer

   Contributor Level 15

   

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   Answered January 19, 2013 04:48. Hi, That can be difficult. You will have to contact the court and the judge to see if the pleadings can be quashed - eliminated from the record completely. It depends upon the judge. Good luck to you.
   
   Henry Gornbein

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2. Licensed in MI

   

   Peter L. Conway

   Lapeer Probate Attorney

   Contributor Level 15

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   Answered January 19, 2013 06:27. I agree with both Mr. Brennan and Mr. Gornbein. You may want to consider Michigan Court Rule 8.119(l), however, public policy causes courts to be reluctant to seal records. I have never known a court to be willing to actually delete records from the court files, including, especially, complaints.

   I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not... moreI am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case. less

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3. Licensed in MI

   

   John F. BrennanPro

   Saint Clair Shores Divorce / Separation Lawyer

   Contributor Level 16

   

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   Answered January 18, 2013 16:32. I would need specifics, but generally the courts records are not modified. In your,case you might be able to have the record sealed so t least the details of the case will not be available to the public.

   To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... moreTo the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. . less

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4. Licensed in MI

   

   Christine Heckler

   Brighton Divorce / Separation Lawyer

   Contributor Level 16

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   Answered January 19, 2013 07:49. I agree with Attorney Conway. I would just add that I do not believe that sealing the court record (even if you could successfully get it sealed) would accomplish your goal of preventing anyone from knowing that a divorce had even been filed. Under the court rule cited by Mr. Conway "[a] court may not seal a court order or opinion, including an order or opinion that disposes of a motion to seal the record." In other words, there would still be a record that there was a divorce case and that it was sealed.
   
   Although you may consider it embarrassing that your husband filed a divorce against you, it is unlikely that anyone would search for that information or know where to find it. Even if the information is discovered, the record would reflect that the action was voluntarily dismissed.
   
   Finally, your husband might have felt pressured to file the divorce, but no one forced him to seek out a divorce attorney in the first place. Don't let him use this controversy with the attorney to distract your attention from that fact that he was contemplating divorce. Your time and energy might be better utilized if you directed it at healing the underlying problems in your marriage that precipitated this situation. I wish you the best of luck.

   DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of... moreDISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com less

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