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How to Unseal a Search Warrant
By Roger Thorne, eHow Contributor
Each state sets its own laws for how these warrants can be sought and served. Generally, search warrants, as part of criminal proceedings, are public records. However, search warrants can be sealed by a court. But they can be unsealed, if the proper steps are taken.
Steps
Step 1 of 4
Research the law in your area. Depending on where you are and what laws apply, the process for unsealing a search warrant can vary greatly. All states, as well as the federal government, have search warrant statutes that govern what can be done when courts issue warrants, and you'll need to know them before you can get a warrant unsealed.
Step 2 of 4
Draft a petition. To get the warrant unsealed, you'll have to ask the court to unseal it. This is usually done in the form of a petition. The petition needs to state why you're asking the court to act, the remedy you seek (the unsealing of the warrant), your name, information about the warrant and the legal basis upon which your claim is based.
Step 3 of 4
File the petition. Once your petition is properly prepared, you'll have to file it with the court clerk. Because search warrants are usually issued by judges or magistrates in criminal court divisions, there may be filing fees. Speak to the criminal court clerk before filing the petition and ask about fees and procedures.
Step 4 of 4
Some states allow sealed warrants to expire once a specific time has passed. For example, Utah law says search warrants remain sealed for 20 days after issuance by a magistrate. Then the warrants are automatically made public.
Tips & Warnings
Consult a criminal defense attorney. Criminal laws and procedures can be very complicated, requiring the knowledge and expertise of a licensed attorney.
Be honest. Court filings are official documents. If you knowingly make false statements in your attempt to get a search warrant unsealed, you are committing a crime.