Can a document be removed from public record?
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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 12 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.
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