Marinette County Circuit Court, Wisconsin Sealing & Redaction Procedures

CRITICAL

Before releasing a qualifying Serious Juvenile Offender file for inspection, the clerk must remove specified examination and dispositional reports and other records containing sensitive personal information, and refer questions about release to the assigned judge.

B. Remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.

CRITICAL

For specified felony-record requests, the clerk must first verify the current felony charge and prior unreversed delinquency adjudication, then remove specified reports and other records containing sensitive personal information before inspection and refer release questions to the assigned judge.

A. First, make all of the following determinations: • That the juvenile is currently charged with a felony, • That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, • That the previous adjudication remains on record and has not been reversed. B. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.

CRITICAL

If the court grants expunction, the clerk must seal inside the court file all documents referring to the adjudication, including the listed records.

B. Seal inside the court file all documents referring to the adjudication, including, but not limited to: • the dispositional order, • the dispositional court report, • all motions and orders concerning extensions, revision, or changes of placement, • all petitions and orders for sanctions, • all minute sheets referring to the adjudication or other post-adjudication proceedings, • transcripts of court proceedings referring to the adjudication or other postadjudication proceedings, • the petition and order for expunction.

WARNING

For specified juvenile-record requests, the clerk must assess whether release could create imminent danger and either refer the matter to the judge or prepare a version with the potentially dangerous information blocked out; the requester may move the court if they dispute the redaction.

If a request is made by a juvenile, parent, guardian or legal custodian under §§938.396(2)(ag) or (am), before release of any information requested the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: A. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, B. Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the court if the requester believes the information should not have been blocked.