Q: In CA can an Attorney use sealed records from a dismissed case in a civil case if they claim to got them before Sealing?
A misdemeanor case was dismissed and records sealed via court order and I am a plaintiff in a civil rights case against my local city and the defense has been using the sealed records in discovery such as including the whole set of sealed records in the Admissions part of discovery and asking questions directly from the sealed documents, 6 months after they were sealed she used for subpoenas on people who wrote letters of reference that were in the sealed documents. Her claim is she had them before they were sealed on 1/3/24 and her first notice of appearance was 1/23/24
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A:
In California, sealed records are protected by law, and their use is tightly controlled. If the misdemeanor case was dismissed and records sealed by court order, those records should generally remain confidential unless the court allows otherwise.
If the defense is using these sealed records in your civil case without proper authorization, this may violate the sealing order. Even if they claim to have obtained the records before they were sealed, the timing and manner of access are crucial factors that the court will examine.
You should bring this issue to your attorney’s attention immediately. They can file a motion to challenge the use of the sealed records and ensure that your rights are protected. Additionally, the court can review whether the defense's actions comply with California's laws regarding sealed documents. Taking these steps can help prevent improper use of your sealed records in the ongoing case.
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