Definition
"Sealed" carries two distinct legal meanings that operate in largely separate doctrinal contexts.
1. Executed under seal (instruments and contracts): A document is sealed when a party has formally authenticated it by affixing a seal — historically a wax impression, later a wafer, embossed mark, or the word "seal" or abbreviation "L.S." (locus sigilli). A sealed instrument is more than a signed document; the seal once carried independent legal weight, affecting enforceability, the applicable statute of limitations, and the presumption of consideration.
2. Closed against inspection (records and proceedings): A court file, record, or proceeding is sealed when access has been restricted by court order or operation of law, making contents unavailable to the public and, depending on the jurisdiction and order, to certain governmental actors. Sealing in this sense includes the sealing of criminal records, juvenile records, grand jury materials, settlement agreements, and court exhibits.
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Common Language
Modern common usage (Wiktionary): Simple past and past participle of "seal" — to close or fasten something so it cannot be opened without breaking the seal.
Historical common usage (Webster's 1913): To set or affix a seal to; to fasten with a seal; to keep secret or hidden; to mark as ratified or confirmed.
The common meaning captures the physical act of closing and the idea of finality, but misses the legal significance of both senses. In contract law, executing a document "under seal" was not merely closing it — it was a formal act with distinct legal consequences including altered limitation periods and a conclusive presumption of consideration. In the records context, a "sealed" file is not simply closed; it is subject to a specific legal regime governing who may access it, under what circumstances, and whether it may be disclosed in subsequent proceedings.
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Common Confusion
Two uses of "sealed" are frequently conflated in research and in practice:
Sealed instruments (contract law) vs. sealed records (court/criminal procedure) share vocabulary but belong to entirely different bodies of law. Conflating them when searching historical sources or digests produces unreliable results.
Sealed vs. expunged: A sealed criminal record is restricted from public access but typically still exists and may be available to certain agencies. An expunged record is treated as destroyed or legally nullified. The practical and legal differences are significant, particularly in employment, licensing, and subsequent prosecution contexts. Some jurisdictions use the terms loosely or interchangeably, compounding the confusion.
Sealed vs. in camera: A sealed proceeding or document is restricted from public and often party access by court order. An in camera review is a judge's private inspection of material, usually to determine admissibility or privilege — the material is not necessarily sealed from the parties or the record.
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Core Elements
For a document to qualify as a sealed instrument (contract/property context):
1. A writing: The instrument must be in written form.
2. Affixation of a seal: Historically, a wax or wafer impression; modernly, the printed word "Seal," "L.S.," or an embossed mark, depending on jurisdiction.
3. Intent to seal: The party must intend the affixation to constitute execution under seal, not merely decoration.
4. Delivery: Execution under seal historically required delivery to be effective.
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Recognized Forms
/SUBTYPES
Sealed instrument: A written instrument to which the executing party has affixed a seal, historically giving rise to a contract under seal (also called a specialty). Distinguished from a simple contract.
Sealed record (criminal): A court-ordered restriction on public access to an arrest record, charge, or conviction. Governed by statute in most jurisdictions; scope and effect vary considerably.
Sealed juvenile record: Records of juvenile proceedings restricted from public access by operation of law or court order. Often subject to automatic sealing at a specified age or upon petition.
Sealed grand jury record: Grand jury proceedings and materials are sealed as a matter of course under both federal and state rules, subject to judicial unsealing for cause.
Sealed settlement: A civil settlement agreement filed under seal, restricting public disclosure of terms. Subject to increasing judicial and legislative scrutiny.
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Why It Matters in Research
The dual meaning of "sealed" creates genuine research hazards. Pre-20th century digest entries and treatises indexed under "sealed" are overwhelmingly about sealed instruments — the formal contract doctrine. Researchers looking for material on sealed court records will find little there; that body of law developed primarily in the 20th century through criminal procedure reform, juvenile justice legislation, and civil discovery practice.
In historical sources, the sealed instrument doctrine is substantively significant in ways that have faded from modern practice. Many states abolished or modified the common law distinction between sealed and unsealed instruments by statute, but the transition was uneven and the effective dates vary. A contract executed under seal in a historical source may have carried a 20-year limitations period where an unsealed contract carried 6 years — a difference that matters when tracing historical disputes.
For criminal and juvenile records research, the Law Mind corpus contains directly relevant encyclopedia coverage. Be alert to jurisdictional variation: the word "sealing" in one state's statute may describe what another state calls "expungement," and vice versa. Federal courts apply their own rules on sealing, and the presumption of public access under the First Amendment and common law creates a distinct constitutional layer not present in many state-court sealing regimes.
When researching sealed settlements in civil litigation, note that standards for unsealing have shifted. Courts increasingly apply a balancing test rather than deferring to party agreement.
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Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) gives two parallel definitions that track the dual meaning precisely: "authenticated by a seal; executed by the affixing of a seal" and "fastened up in any manner so as to be closed against inspection of the contents." The entry notes the attestation formula "sealed and delivered" as the standard witness clause in conveyances — a phrase that persisted in real property instruments well into the 20th century even after its legal significance had been substantially reduced by statute.
Black's entry on "sealed instrument" focuses on the formal elements of the contract-law doctrine. This is characteristic of the era: 19th and early 20th century dictionaries treat the sealed instrument as a live and consequential category. What the historical dictionaries do not address — because the law had not yet developed — is the records-sealing doctrine. Researchers should not read the absence of records-sealing material in historical dictionaries as evidence that sealing orders did not exist; grand jury secrecy, for example, is ancient. But the modern statutory framework for sealing criminal and juvenile records is a 20th-century development that post-dates these sources entirely.
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Jurisdictional Note
The legal effect of a seal on a written instrument varies by state. Many states have abolished the common law distinction between sealed and unsealed instruments by statute, treating the seal as mere surplusage. Others retain modified forms of the doctrine, particularly affecting limitations periods. For records sealing, statutory frameworks differ significantly: eligibility criteria, waiting periods, covered offenses, and the effect of a sealing order on subsequent government access all vary by jurisdiction.
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Encyclopedia Cross-Reference
Expungement, Sealing, and Record Clearing — The Law Mind Criminal Law Encyclopedia
Juvenile Records: Confidentiality and Sealing — The Law Mind Criminal Law Encyclopedia
Contracts Under Seal and Statutory Substitutes — The Law Mind Contracts & Commercial Law Encyclopedia
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