Sealing a case according to SH-001?

[bookworm2222]

Jurisdiction

California

I'm protected by the Safe at Home program in my state. I'm going through a Small Claims case and am entitled to have the case sealed according to SH-001 (Item 2 on page 2). I submitted a Request to have the case sealed but the judge hasn't responded. Is there anything I can do to force compliance of this?

I'm protected by the Safe at Home program in my state. I am entitled to have the case sealed according to SH-001 (Item 2 on page 2). How do I get a case that is over sealed?

 

[army judge]

I'm protected by the Safe at Home program in my state. I am entitled to have the case sealed according to SH-001 (Item 2 on page 2). How do I get a case that is over sealed?

Safe at Home is a confidential address program administered by the California Secretary of State's office and is most effective when used as a part of an overall safety plan. Safe at Home offers victims of domestic violence, stalking, sexual assault, human trafficking & elder and dependent abuse, as well as reproductive health care workers, a substitute mailing address to receive first class, certified, and registered mail. This address is also accepted by California state, county, and city government agencies in lieu of a residential or other mailing address where a victim can be tracked down, keeping the residence address confidential and out of the hands of someone who might want to harm the victim.

Since the program began in 1999, Safe at Home has helped protect thousands of victims and reproductive health care workers. Please take the time to explore the website to see if you or someone you know may benefit. Feel free to call our toll-free number at (877) 322-5227 if you have any questions about our services.

NOTICE: Senate Bill 1131, which expands the address confidentiality program to include other individuals who face violence, harassment, or threats of violence from the public because of their work for a public entity, was signed into law on September 26, 2022.

The designated enrolling agencies available to assist public entity workers and contractors in applying for Safe at Home are available at: Public Entity Enrolling Agency List. Please use only the enrolling agency list as they have been trained to take these specific applications. You may contact agencies outside of your residential area. Please contact Safe at Home at 1-877-322-5227 if you need additional assistance.

Safe at Home :: California Secretary of State

What does Safe at Home do?
The program should be used as one aspect of an overall safety plan. Participants are provided a substitute mailing address through the California Safe at Home Program. Safe at Home receives the participant's first class, certified and other registered mail and forwards it to the participant's mailing address at no cost. Safe at Home also serves as agent for services of process for Safe at Home participants.

Who is eligible?
Victims of domestic violence, stalking, and sexual assault, or reproductive healthcare facility employees, providers, patients, and volunteers are eligible to enroll. Effective January 1, 2018, victims of human trafficking and household members of eligible victims in fear for his or her own safety or for the safety of a minor child or incapacitated adult may also apply.

How do those eligible apply for the Safe at Home Program?
All eligible persons may apply for the program by meeting, in person, with a victim's assistance counselor at a designated enrolling agency. Please refer to the Applicant page for more information Applicants Applicants :: California Secretary of State



Safe at Home, California's Address Confidentiality Program, provides services that work best when used in conjunction with an overall safety plan. Eligible applicants must enroll at a Safe at Home designated enrolling agency. A victim's assistance counselor will help applicants determine whether they are eligible to participate and explain how Safe at Home can be a part of their overall safety plan.

Eligibility:
An eligible applicant is:

a victim of domestic violence, stalking, sexual assault, and effective January 1, 2018, victims of human trafficking;

a household member of a victim listed above (effective January 1, 2018);

a reproductive health care facility employee, provider, patient, or volunteer;
AND is in fear for his or her own safety or the safety of a minor child or incapacitated adult.

The applicant must reside in California and must be an adult applying on behalf of him/herself, or be a guardian/conservator acting on behalf or a minor child or an incapacitated adult.

Applicants With Minor Children
The law requires the Safe at Home Program to notify the other custodial parent of your enrollment .

All court orders relating to minor children of the applicant must be provided to Safe at Home.

How To Apply:
To find an enrolling agency, click here Where to Find an Enrolling Agency or call the Safe at Home Program toll-free at
(877) 322-5227

Where to Find Enrolling Agency :: California Secretary of State

 

[adjusterjack]

I submitted a Request to have the case sealed but the judge hasn't responded.

On what date did you submit the request?

 

[bookworm2222]

On what date did you submit the request?

11/3/23

 

[bookworm2222]

I'm protected by the Safe at Home program in my state. I'm going through a Small Claims case and am entitled to have the case sealed according to SH-001 (Item 2 on page 2). I submitted a Request to have the case sealed but the judge hasn't responded. Is there anything I can do to force compliance of this?

I'm protected by the Safe at Home program in my state. I am entitled to have the case sealed according to SH-001 (Item 2 on page 2). How do I get a case that is over sealed?

Wrt to my second question, that is for a civil case that has already concluded. Is it possible to get that sealed?

 

[adjusterjack]

11/3/23

A month or so ago.

Be patient. Might take a while.

 

[Zigner]

I think you may have gone about this the wrong way. First off, Item 2 on Page 2 of Form SH-001 reads: "
This form must be served and filed each time a party uses a pseudonym (a Doe name) in place of that party's name in a court document, with items 2 and 3 completed to provide the court and other parties with the Doe party's true name, and item 4 completed if there are other identifying characteristics redacted or blacked out from the document. A party using a pseudonym must also sign and date the declaration above, confirming active participation in the Safe at Home program. All parties and other persons must also serve and file this form any time they file a document in a case with identifying characteristics redacted or blacked out. Counsel for a party filing under a pseudonym may use the pseudonym for the name of the represented party in the attorney or party information box at the top of this form and any documents filed later."

It does not appear to state what you think it states.

Now, to address CCP 367.3 (mentioned in form SH-001) (Codes Display Text): This section seems to apply to filings using pseudonyms in court actions, not subsequent sealing. In other words, this is something you deal with duringthe proceedings, not after.

I am not an expert in this subject. In fact, tonight is the first time I've looked up anything regarding the program. I would suggest that you contact the folks charged with administering this program and ask them how you should proceed.

 

[zddoodah]

am entitled to have the case sealed according to SH-001 (Item 2 on page 2).

Not sure what you mean by "item 2 on page 2." Item 2 on SH-001 form is on p. 1. If you're talking about instruction #2, that doesn't provide entitlement. The entitlement comes from Code of Civil Procedure section 367.3.

Is there anything I can do to force compliance of this?

Force? No.

Have you called the court clerk or visited the clerk's office since submitting your completed SH-001? If so, what were you told? If not, why not.

Now, to address CCP 367.3 (mentioned in form SH-001) (Codes Display Text): This section seems to apply to filings using pseudonyms in court actions, not subsequent sealing. In other words, this is something you deal with duringthe proceedings, not after.

That is correct. Section 376.3(b)(1) provides that "[a] protected person who is a party in a civil proceeding may proceed using a pseudonym, either John Doe, Jane Doe, or Doe, for the true name of the protected person and may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the protected person. A protected person who proceeds using a pseudonym as provided in this section shall file with the court and serve upon all other parties to the proceeding a confidential information form for this purpose that includes the protected person's name and other identifying characteristics being excluded or redacted." The form SH-001 is the "confidential information form" described in the statute, and the term "protected person" is defined in sub-section (1)(3).

If you want the case file sealed, then you're going to need to file a motion pursuant to Rules 2.550 and 2.551 of the California Rules of Court, which is mentioned in CCP section 367.3(b)(4).

 

[bookworm2222]

I am not an expert in this subject. In fact, tonight is the first time I've looked up anything regarding the program. I would suggest that you contact the folks charged with administering this program and ask them how you should proceed.

Thanks. I have contacted Safe at Home and unfortunately they told me I need to seek outside legal advice.

 

[bookworm2222]

Have you called the court clerk or visited the clerk's office since submitting your completed SH-001? If so, what were you told? If not, why not.

The court clerk directed me to the Smalls Claims advisor, and unfortunately, no one picks up at that number.

 

[Zigner]

Thanks. I have contacted Safe at Home and unfortunately they told me I need to seek outside legal advice.

That means "attorney."