Eastern District of Virginia Sealing & Redaction Procedures

Petitions for violation of probation/supervised release/pretrial release conditions that include a request for an arrest warrant must be filed under seal; upon arrest, the Clerk shall unseal the petition and the docket entry for the warrant return.

It is therefore ORDERED that petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Recalculation worksheet must be filed under seal.

ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Counsel must seek leave of court before filing an HSD.

If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing.

Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.

Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk's Office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a copy of the HSD's caption page (with confidential information redacted), along with the CM/ECF placeholder document number described in Section 2(b).

Pro se parties must submit HSDs to Clerk's Office in sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically.

Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. The Pro Se party shall explain why the proposed document is an HSD or why it should otherwise be subject to the heightened protection accorded to HSDs;

Retroactive worksheets must be filed as sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Transportation Orders may be filed under seal by placing 'UNDER SEAL' on the face sheet.

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Transportation Orders remain under seal unless the court orders otherwise.

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

A motion for leave to file a Highly Sensitive Document (HSD) is required before filing.

If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing. Any other party may also move the Court to designate a filing as an HSD if, in its judgment, the filing qualifies as an HSD. The motion shall explain why such document is highly sensitive or why it should otherwise be subject to the heightened protection for HSDs.

After filing the motion, the HSD and certificate of service must be delivered to the Clerk's office as soon as practicable.

As soon as practicable after the motion is filed, the filing party shall deliver to the Clerk's office the HSD sought to be filed along with a certificate of service.

Two paper copies (unfolded 8½x11) of specified documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.

Counsel shall also submit two paper copies, using unfolded 8½ x 11 paper, of the memorandum in support of the Motion to file, the HSD sought to be filed, and a certificate of service, as directed in Section 2(b) above. Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk's Office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a copy of the HSD's caption page (with confidential information redacted), along with the CM/ECF placeholder document number described in Section 2(b).

For Pro Se parties, the proposed HSD shall not be filed electronically; the motion to seal proceeds under existing procedures.

The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically.

The Court may order removal of an HSD or highly sensitive case from the electronic filing system upon motion of a party or sua sponte.

Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system.

Transportation Orders for prisoner debriefings or interviews may be filed under seal by marking 'UNDER SEAL' on the face sheet, and such orders remain under seal unless the court orders otherwise.

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order. It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Probation Office must file the recalculation worksheet under seal.

ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Worksheets for retroactive criminal history amendments must be filed as sealed ECF and sent to counsel of record.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

HSD motion filed on CM/ECF with blank placeholder; actual HSD and any sensitive memo delivered to Clerk's office and judge in printed form.

The motion to seal and to treat a document as an HSD via CM/ECF shall go forward under existing procedures, except that a copy of the proposed HSD shall NoT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number. If the memorandum in support of the motion contains highly sensitive information necessary to explain the basis for classification as an HSD, the memorandum may be served on any opposing party and delivered (but not filed via CM/ECF) in printed form to the presiding judge. As soon as practicable after the motion is filed, the filing party shall deliver to the Clerk's office the HSD sought to be filed along with a certificate of service.

Pro se parties must submit HSDs to the Clerk's Office in sealed envelopes marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically; motion to seal required with explanation.

Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. The Pro Se party shall explain why the proposed document is an HSD or why it should otherwise be subject to the heightened protection accorded to HSDs;

Petitions for violation of probation, supervised release, or pretrial release conditions and related warrants must be filed under seal and unsealed upon arrest.

It is therefore ORDERED that petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Retroactive worksheets must be filed as sealed ECF.

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Petitions for violation of probation, supervised release, or pretrial release conditions, and related addenda and warrants, must be filed under seal and unsealed upon arrest.

petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

The Court may designate certain materials as HSD on its own initiative or on party motion.

The Court may, on its own initiative or on motion of a party pursuant to Section 2 below, direct that the following material be designated as HSD: c. Applications and any associated orders for search, seizure, and arrest warrants, including those filed by the United States Probation Office, prior to disclosure required by law; d. Applications and any associated orders for interception of wire, oral, electronic records pursuant to 18 U.S.C. § 2703(d), requests for non-disclosure under 18 U.S.C. § 2705; e. Pleadings, filings, or transcripts in criminal cases discussing undisclosed cooperation; f. Under seal criminal complaints and associated orders where the United States Attorney moves for such designation for good cause shown; or, g. Materials whose disclosure could jeopardize national security or would pose a clear and present danger to life and limb or result in grave or extreme harm in either a civil or criminal case.

HSD categories include Social Security records, immigration records, qui tam complaints, and commercial/proprietary information; filing requires a motion to seal with a placeholder on CM/ECF and delivery of the actual HSD to the Clerk's office.

Social Security records, administrative immigration records; qui tam complaints; and, Commercial or proprietary information. The motion to seal and to treat a document as an HSD via CM/ECF shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.

Pro Se parties must submit HSDs to the Clerk's Office in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with a redacted caption page and CM/ECF number; the proposed HSD must not be filed electronically.

these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically.

The Court may order removal of HSDs from the electronic filing system upon motion; the Clerk will make an informational docket entry.

Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court.

Probation Office must file recalculation worksheet under seal.

the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Clerk and Probation may disclose PSR, sealed judgments, and sealed sentencing documents to counsel upon request without motion; other sealed materials require motion.

the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Transportation Orders for prisoner debriefings/interviews may be filed under seal with 'UNDER SEAL' on the face sheet.

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Transportation Orders remain under seal unless otherwise ordered by the court.

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Sealed documents are filed electronically but not accessible to litigants; litigants cannot view or access sealed documents electronically.

Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Transportation Orders for prisoner debriefings/interviews may be filed under seal

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Transportation Orders for prisoner debriefings or interviews must be filed under seal with 'UNDER SEAL' marked on the face sheet.

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Court may order removal of HSDs from e-filing system upon motion; motion must explain why highly sensitive.

Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court. A party’s motion to remove alleged HSD materials or a highly sensitive case from the Court’s electronic filing system shall explain why such document or case is highly sensitive under the criteria set out in Section 2 above or why it should otherwise be subject to the heightened protection for HSDs.

Clerk and Probation may disclose PSI, sealed judgments, and sealed sentencing documents to counsel upon request without further order; other sealed materials require a motion.

ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Parties may move to remove existing HSDs or cases from the e-filing system; motion must explain high sensitivity based on Section 2 criteria.

Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court. A party’s motion to remove alleged HSD materials or a highly sensitive case from the Court’s electronic filing system shall explain why such document or case is highly sensitive under the criteria set out in Section 2 above or why it should otherwise be subject to the heightened protection for HSDs.

Litigants cannot access or view sealed documents electronically after filing.

Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Clerk and Probation may disclose PSI, sealed judgments, and sealed sentencing documents to counsel upon request without further order; other sealed materials require a motion.

ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Highly Sensitive Documents (HSDs) continue to be subject to the Court's separate HSD procedures.

Sealed documents that are defined as HSDs will continue to be subject to the Court's HSD procedures.

Court will provide certain sealed materials to counsel upon request without motion.

ORDERED that the Court will make available to counsel of record the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order ofthe Court. Requests for any other sealed materials must be made by a motion.

Highly Sensitive Documents remain subject to existing HSD procedures.

Sealed documents that are defined as HSDs will continue to be subject to the Court's HSD procedures.

Probation and Clerk's Office may disclose sealed sentencing documents to counsel for eligibility determination.

The United States Probation Office for the Eastern District of Virginia and the United States Clerk’s Office for the Eastern District of Virginia may disclose to counsel Presentence Investigation Reports, Judgments in a Criminal Case, including sealed Judgments, Statements of Reasons, Motions for Departure based on Substantial Assistance, under seal documents pertinent to sentencing, and other documents as necessary defense counsel to determine whether particular defendants are eligible for a sentence reduction under the retroactive amendments.

Sealed Transportation Orders must be shared with specific parties

Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.

Sealed Transportation Orders remain sealed unless court orders otherwise

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.