When “Sealed” Isn’t Really Sealed and What Can Be Done

Sealed court records in Texas are meant to protect sensitive information, maintain privacy, and prevent unnecessary public disclosure. However, many individuals are surprised to find that these records sometimes still appear online, even after a court has ordered them sealed. Understanding why this occurs requires a look at the legal framework and procedural rules governing sealed records in Texas.

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The Legal Framework for Sealing Court Records in Texas

Texas Rule of Civil Procedure 76a establishes the rules for sealing court records. Under this rule, court records are presumed open to the public, and sealing them requires demonstrating a specific, serious, and substantial interest that outweighs this presumption.

The process to seal records includes:
  1. Filing a motion requesting the sealing of records.
  2. Providing public notice to affected parties.
  3. Holding a hearing where the need for confidentiality is evaluated.
  4. Issuing a written court order specifying which records are sealed and why.
If these steps are not strictly followed, sealed records may be inadvertently disclosed, including through online repositories, electronic filing systems, or public databases.


Why Sealed Records Still Appear Online

Even when a court issues a sealing order, several factors can cause records to remain publicly accessible:
  • Procedural lapses: Courts or parties may fail to implement the order correctly.
  • Technological issues: Court management systems may not update all databases, leaving records visible online.
  • Misinterpretation of the order: Third parties or websites may misunderstand the scope of the seal.

Case law demonstrates these challenges:
  • In In re Cook, 629 S.W.3d 591, the Texas Supreme Court emphasized the balance between public access and private interests, noting that improper disclosure can occur without strict adherence to Rule 76a.
  • Boardman v. Elm Block Dev. Ltd. Partnership, 872 S.W.2d 297 highlights the heavy burden on parties seeking to seal records and the importance of demonstrating substantial interest.
  • Texans United Educ. Fund v. Texaco, Inc., 858 S.W.2d 38 reinforces the need for procedural compliance when sealing records, including protective orders involving sensitive information.
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Remedies for Improperly Published Records


If sealed court records appear online, Texas law provides mechanisms to address the issue:


  • Motion to enforce the sealing order: Request the court to require removal of improperly disclosed records.
  • Legal action for breach of confidentiality: Hold responsible parties accountable for violating the court’s order.
  • Appellate review: Rule 76a(8) allows challenges to sealing or unsealing orders through the appellate process.
  • Temporary protective orders: Courts may issue emergency measures to prevent ongoing disclosure while the matter is resolved, as seen in Oryon Techs., Inc. v. Marcus, 429 S.W.3d 762.


Key Takeaways


  1. Sealed court records in Texas are intended to protect privacy, but procedural and technological issues can leave records online.
  2. Rule 76a sets strict requirements for sealing, including public notice, hearings, and written orders.
  3. Case law emphasizes the need for compliance and provides remedies if sealed records are improperly disclosed.
  4. Individuals affected by improperly disclosed records should act promptly to enforce the sealing order or seek legal assistance.


If you’ve discovered that your sealed Texas court records are still online, don’t wait. Contact Wyde & Associates to explore legal remedies, enforce your sealing order, and protect your privacy.

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