Legal Question in Civil Litigation in Florida

Privacy & Sanctionable Conduct

A defendant in a case has filed a motion and attached a copy of my driver's license which was completely unnecessary. How do I make them seal the record. Is this sanctionable?


Asked on 8/09/07, 2:46 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Privacy & Sanctionable Conduct

no, it is not sanctionable.

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Answered on 8/09/07, 9:58 pm
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Privacy & Sanctionable Conduct

Probably not as the information on the drivers license is generally not considered private. That is, a FL DL does not have a social security number and your name, address are a matter of public record. It would depend on the type of case and the issues involved for the Court to make any decision regarding a sealed record, but Courts generally do not. Court records should be public except in the most extreme of circumstances. Let your attorney handle the issue if he/she feels it is important.

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Answered on 8/09/07, 3:00 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Privacy & Sanctionable Conduct

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can file a motion with the court which may or may not be granted. Driver's licenses are considered to be public record and are available to certain persons with a qualifying need. It will be up to the judge in the case as to whether or not the motion to seal your information on your license is granted.

Scott R. Jay, Esq.

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Answered on 8/09/07, 6:27 pm


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