Can a document be removed from public record?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a document be removed from public record?

I was represented by a very bad attorney who had me sign a bunch of forms as “standard procedure”. In these forms was an order to show cause which had some very untrue and potentially damaging statements about my husband. I was told this document would not be filed if we opted for mediation, which we wanted to pursue. Instead, the attorney filed it. I have since come to an agreement with my husband without the help of the attorney (who I have since fired). We would like to have this document amended or removed from public record to protect my husband’s reputation. Is it possible to amend or rescind an order to show cause once it has been filed?

Asked on May 4, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation with the attorney but glad that the matter with your husband resolved itself.  Can you "unfile" a document once it becomes part of the record?  Probably not, but I would check with a reputable attorney in your area to be sure.  Also, many states do not allow access to divorce proceedings unless you are one of the parties or an attorney for a party to the proceeding. Generally, though, once filed a matter becomes public record.  So I would see about sealing the record or filing a follow up affidavit to correct the form as long as it is phrased in such a way so as not to appear that you are or did commit perjury.  A dangerous line to walk.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption