How to Seal a Restraining Order in Orlando, FL

Quick answer: In Florida, you usually “seal” or “expunge” an injunction case by filing a Motion to Determine Confidentiality under Florida Rule of General Practice and Judicial Administration 2.420. Deadlines matter, and small filing mistakes can trigger a denial.

There is a way to “seal” or “expunge” a restraining order/injunction case in Florida. However, the process differs from sealing or expunging a criminal case. In most situations, you ask the court to make records confidential under Rule 2.420.

Why this matters: Many lawyers (and most self-represented litigants) miss Rule 2.420. Even when they find it, they often skip the rule’s required steps. As a result, judges commonly deny motions on procedure alone.

What you’re really asking for: confidentiality under Rule 2.420

Rule 2.420 sets the procedure to ask the court to treat certain records as confidential. You don’t “erase” the case. Instead, you ask the judge to protect specific items from public access. To succeed, you must identify the exact records and explain the legal basis.

Step-by-step: how this usually works

1. Confirm your posture: Identify how the case ended.
   For example, note whether the court granted, denied, dismissed, or never reached a contested final hearing.
2. Draft the motion correctly: Track Rule 2.420’s requirements.
   In addition, list the specific records you want treated as confidential and explain why.
3. File with the Clerk: File the motion in the same case docket.
   Then confirm you used the proper filing method for your county and status.
4. Serve the other side: Service is critical.
   Therefore, serve the motion properly and keep proof of service in the record.
5. Prepare for a hearing (if set): Start with a clean timeline.
   Next, bring the specific documents you want protected.
   Finally, explain the legal basis and how the balancing test applies.

What the court will focus on: First, the court checks whether you followed the procedure.
Next, the court decides whether you met the legal standard.
If you skip steps, the judge may deny the motion without reaching the merits.

FAQs: sealing or expunging an injunction in Florida

Lawyer-focused FAQs

Can I still do this if there was a final hearing where both sides were present?

It depends on the outcome and posture of the case. For example, a final injunction that was granted can make confidentiality harder. On the other hand, a denial or case that ends without lasting restrictions can strengthen your argument.

When appropriate, a lawyer may also seek a joint stipulation to support limited confidentiality.
Even so, you must still follow Rule 2.420’s steps.

What if the other party didn’t show up to the final hearing?

In practice, posture can matter. If the petitioner did not appear and the case ended without long-term findings, you may have a cleaner path. However, you still must comply with Rule 2.420 and prove the applicable standard. A joint stipulation can help in some situations. That said, it is not always available or appropriate.

What do I have to prove to make an injunction case confidential?

You must show a legal basis under Rule 2.420. In addition, you must address the required balancing of interests. Ultimately, the judge needs clear, record-specific reasons to grant confidentiality.