When Can a Court Seal a Public Filing?
Court records are generally meant to be public. If someone files a complaint, motion, exhibit, or other document in a federal court case, the public will usually be able to access it through the court’s filing system or PACER.
But there are situations where making a filing public could cause serious harm. A court may then allow the document—or specific portions of it—to be filed under seal.
So when can a court actually seal a filing?
The answer is: not simply because a party asks for confidentiality. Courts generally start with a presumption that judicial records should be accessible to the public. The party asking for a seal usually has to explain why confidentiality is necessary and why less restrictive alternatives, such as redaction, would not adequately protect the information.
What Does It Mean to Seal a Court Filing?
When a court filing is sealed, the document is generally not available for ordinary public viewing.
This is different from simply filing a document with confidential information. A party may need to ask the court for permission to keep certain information away from the public.
For example, a filing might contain:
Social Security numbers
Medical or highly sensitive personal information
Trade secrets
Confidential business information
Information concerning minors
Certain law-enforcement information
Sensitive financial information
Information protected by a statute, rule, or court order
Other information where public disclosure could cause a legally recognized harm
The exact procedure depends on the court and the type of information involved.
The Ninth Circuit, for example, explains that sealed documents are confidential and not publicly viewable, while emphasizing a strong preference for public access to court documents. (Ninth Circuit Court of Appeals)
Why Are Court Records Usually Public?
There is an important reason behind the presumption of public access.
Courts are public institutions. Public access allows people to understand what is happening in cases and provides transparency into the judicial process.
The public's ability to examine court records can also help ensure that judicial proceedings are conducted fairly.
Federal appellate courts have repeatedly recognized a common-law right of access to judicial records, although that right is not absolute.
In Kamakana v. City and County of Honolulu, the Ninth Circuit explained that courts begin with a strong presumption in favor of access to judicial records. (CA9 U.S. Courts)
That means sealing is generally treated as an exception rather than the normal rule.
Can a Party Seal a Filing Just by Asking?
Usually, no.
A party cannot ordinarily make a public filing secret simply by writing “CONFIDENTIAL” or “UNDER SEAL” on the document.
Depending on the applicable rules, the party may need to file a motion to seal explaining why the document should not be publicly accessible.
For example, the Ninth Circuit's current guidance states that when sealing is not required by a statute or procedural rule, a party generally must file a motion explaining the specific reasons for sealing. (Ninth Circuit Court of Appeals)
The court then decides whether the justification is sufficient.
What Reasons Can Justify Sealing?
There is no single universal list that automatically guarantees a seal.
Instead, courts look at the circumstances of the particular case and the applicable law.
Common examples can include situations involving:
Trade secrets
A company may ask a court to seal information revealing genuine trade secrets or highly sensitive proprietary information.
Simply calling ordinary business information a “trade secret,” however, does not necessarily make it one.
The party may need to demonstrate what the information is and why disclosure could cause a legally significant competitive harm.
Sensitive personal information
Courts may restrict public access to particularly sensitive personal information.
Federal rules already provide certain privacy protections for information such as Social Security numbers and other identifiers. In some circumstances, however, additional protection may be appropriate.
For example, court rules can permit redaction or other restrictions involving protected personal information. (Fourth Circuit Court)
Medical information
Medical records can contain extremely private information. Depending on the circumstances, a court may permit sensitive medical information to be filed under seal or require appropriate redactions.
But again, the mere presence of medical information does not necessarily mean an entire filing should automatically be sealed.
Information involving minors
Courts are often particularly careful with information that could expose children to unnecessary privacy or safety risks.
A court may permit information identifying a minor to be redacted or otherwise protected.
National security or law-enforcement concerns
In unusual cases, disclosure could threaten legitimate governmental or security interests.
Courts have recognized that national-security concerns can, in appropriate circumstances, justify restricting public access despite the general interest in transparency. (CA9 U.S. Courts)
Confidential information protected by law
Sometimes a statute, procedural rule, or previous court order requires particular information to be protected.
When sealing is required by an applicable rule or statute, the filing procedure can be different from an ordinary motion to seal. The Ninth Circuit, for example, distinguishes documents that require sealing under a statute or procedural rule from documents for which a party is requesting discretionary sealing. (Ninth Circuit Court of Appeals)
Does the Entire Document Have to Be Sealed?
Not necessarily.
This is one of the most important points.
Courts generally prefer narrowly tailored protection rather than unnecessarily sealing an entire filing.
Suppose a 30-page motion contains only two paragraphs containing genuinely confidential information.
The court may decide that the better solution is to redact those paragraphs while keeping the rest of the motion publicly available.
The Ninth Circuit expressly instructs parties to consider redaction where possible and emphasizes that its preference is to seal as few documents as possible. (Ninth Circuit Court of Appeals)
So the question is often not:
“Can this entire document be kept secret?”
Instead, the better question may be:
“What specific information actually needs protection?”
What Is the Difference Between Sealing and Redaction?
These terms are related but not identical.
Sealing generally means the document, or a particular filing, is not publicly accessible.
Redaction means certain information is removed or obscured while the remainder of the document remains available to the public.
For example:
A court filing says:
John Smith's Social Security number is 123-45-6789.
A redacted public version might instead say:
John Smith's Social Security number is [REDACTED].
The public can then read the rest of the filing without seeing the protected information.
This approach can preserve both privacy and public access.
What Standard Does a Court Use?
This is where things become more complicated.
There is not one identical sealing standard in every federal court for every type of filing.
The applicable standard can depend on the circuit, the nature of the document, whether it relates to dispositive motions, whether a constitutional or common-law right of access applies, and whether a statute or rule independently requires confidentiality.
For example, the Ninth Circuit has distinguished between materials attached to dispositive motions and other materials. In Kamakana, the court held that documents connected with dispositive motions generally require a stronger justification for sealing because of the public interest in understanding judicial decision-making. (CA9 U.S. Courts)
The Ninth Circuit describes the applicable approach as requiring particularly strong justification in circumstances where the common-law right of access is at its strongest. (CA9 U.S. Courts)
Other federal circuits have their own tests and procedures.
That is why a party should always check the local rules and controlling appellate precedent before filing a motion to seal.
What Is a “Compelling Reason”?
In jurisdictions applying a compelling-reasons standard, the party seeking secrecy generally has to identify a concrete reason that outweighs the public's interest in access.
A vague statement such as:
“This information is confidential.”
may not be enough.
A stronger explanation identifies:
Exactly what information is confidential.
Why it is sensitive.
What harm could result from disclosure.
Why the harm is legally significant.
Why redaction would not adequately solve the problem.
Why sealing is appropriately limited.
In Kamakana, the Ninth Circuit emphasized that compelling reasons must be supported by specific factual findings rather than general assertions. (CA9 U.S. Courts)
Can a Court Seal a Filing Because Both Parties Agree?
Not necessarily.
An agreement between the parties does not automatically eliminate the public's interest in access to judicial records.
For example, the Ninth Circuit specifically states that it will not seal a document merely because the parties have stipulated to sealing. (CA9 U.S. Courts)
The court remains responsible for determining whether sealing is justified.
This is an important distinction: the parties control their dispute, but they do not necessarily control the public's right of access to court records.
Can a Judge Seal Something Temporarily?
Yes.
In some circumstances, a document may initially be submitted provisionally under seal while the court considers whether permanent sealing is justified.
The exact procedure depends on the court.
For example, Ninth Circuit procedures allow documents to remain provisionally sealed while a motion to seal is being considered. (Ninth Circuit Court of Appeals)
The court can ultimately:
keep the document sealed;
require redactions;
deny the request and make the document public; or
issue another appropriate order.
Can a Sealed Filing Later Be Unsealed?
Yes.
A seal does not necessarily last forever.
Circumstances can change. Information that was genuinely sensitive at one point may later become public or lose its confidential character.
A court can therefore reconsider whether continued sealing is justified.
The Ninth Circuit's procedures specifically provide mechanisms for seeking to unseal documents and for responding when a party wants a previously sealed filing to remain protected. (Ninth Circuit Court of Appeals)
This means that “sealed” does not always mean “secret forever.”
What Happens If a Court Denies a Motion to Seal?
The procedure depends on the court.
In some courts, a party may be given an opportunity to withdraw the filing before it becomes publicly accessible.
The Ninth Circuit, for example, states that if a motion to seal is denied, the court will ordinarily give the moving party an opportunity to withdraw the document and will shield it from public access during that period. (CA9 U.S. Courts)
But parties should not assume every court follows the same procedure.
Local rules matter.
Can a Member of the Public Ask for a Sealed Filing to Be Opened?
Potentially, yes.
Courts can consider motions to unseal, including requests brought by members of the public or media organizations in appropriate circumstances.
The Ninth Circuit explains that media seeking access to sealed case documents may need to file a motion to intervene before seeking unsealing. (Ninth Circuit Court of Appeals)
The court then weighs the applicable right of access against the reasons supporting continued confidentiality.
Does “Filed Under Seal” Mean the Judge Has Already Decided It Should Stay Secret?
Not always.
This is an important distinction.
A document may be submitted provisionally under seal while the court considers a motion to seal. The filing's temporary confidential status does not necessarily mean the court has made a final determination that it should remain sealed.
For example, Ninth Circuit procedures specifically distinguish provisional sealing from a final decision on whether the document should remain under seal. (Ninth Circuit Court of Appeals)
So if you see “UNDER SEAL” on a docket, you should not automatically assume the court has permanently approved secrecy.
What Should a Motion to Seal Explain?
Although requirements vary, a well-prepared motion generally identifies the specific material that requires protection and explains why.
A motion may address:
the document or portions at issue;
the sensitive information;
the legal authority supporting sealing;
the specific harm that disclosure could cause;
whether the information has already become public;
whether redaction is possible;
why a narrower restriction would not work; and
the requested duration or scope of the seal, when relevant.
The Ninth Circuit currently instructs that motions to seal should explain the specific reasons supporting the request. (Ninth Circuit Court of Appeals)
What About Federal Rules of Court?
Federal courts operate under several layers of authority.
A sealing request may be affected by:
the Federal Rules of Civil Procedure;
the Federal Rules of Criminal Procedure;
the Federal Rules of Appellate Procedure;
local federal court rules;
circuit precedent;
protective orders;
statutes requiring confidentiality; and
constitutional or common-law rights of access.
This is why there is no universal “one-size-fits-all” answer.
A rule that applies in one federal district or circuit may not produce exactly the same result somewhere else.
A Simple Example
Imagine that a company files a motion in federal court.
The motion contains 25 pages. Most of the information concerns the legal dispute and is already public.
However, three pages contain a proprietary formula that the company claims is a genuine trade secret.
The company asks the court to seal all 25 pages.
The judge might ask:
“Why does the entire motion need to be secret?”
If the confidential information can be removed without affecting the public's ability to understand the case, the court may instead require a redacted public version.
This approach protects the legitimate confidential information while preserving public access to the judicial record.
The Bottom Line
A court can seal a public filing when there is a legally sufficient reason to restrict public access and the justification outweighs the applicable interest in transparency.
But sealing is generally an exception, not the default.
The stronger the public interest in the record, the stronger the justification may need to be. Courts may consider privacy, trade secrets, safety, national security, confidential information protected by law, and other legitimate interests.
And even when some confidentiality is justified, the court may prefer redaction instead of sealing an entire document.
If you are considering filing something under seal, do not assume that simply marking the document “CONFIDENTIAL” is enough. Check the applicable federal rules, local rules, and controlling appellate precedent, and explain specifically why the requested protection is necessary.
Frequently Asked Questions
Can any court filing be sealed?
No. Courts generally presume that judicial records should be accessible to the public, and sealing normally requires a legally sufficient justification.
Can I seal a document because it contains private information?
Possibly, but not necessarily the entire document. Depending on the circumstances, redaction may be sufficient.
Can parties agree to seal a filing?
Their agreement may support a request, but it does not necessarily bind the court. Courts can independently consider the public's interest in access.
Can a sealed document become public later?
Yes. Courts can reconsider sealing and may order documents unsealed when the justification for confidentiality no longer exists.
Is the sealing standard the same in every federal court?
No. Federal circuits and individual courts can apply different standards and procedures. Always check the rules governing the particular case.
Does “under seal” mean permanently confidential?
No. A filing can sometimes be provisionally sealed, and a court can later modify or terminate the seal.
Legal Sources
Ninth Circuit Court of Appeals, Sealed Documents guidance, updated September 8, 2026. (Ninth Circuit Court of Appeals)
Ninth Circuit Rule 27-13 concerning sealed documents and public access. (CA9 U.S. Courts)
Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). (CA9 U.S. Courts)
Fourth Circuit materials concerning public access and sealed filings. (Fourth Circuit Court)
Disclaimer
This article is provided for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Federal sealing rules can differ by court, circuit, case type, and the nature of the information involved. If you are considering filing or opposing a motion to seal, consult the applicable court rules and a qualified attorney regarding your specific circumstances.
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