www.wicourts.gov | 1
FREQUENTLY ASKED QUESTIONS ABOUT
PROTECTING INFORMATION
IN COURT RECORDS
Starting on July 1, 2016, three new rules apply to documents led in the Wisconsin circuit court. You can
nd these rules on the legislature’s website at http://docs.legis.wisconsin.gov/statutes.
− Wis. Stat. § 801.19 protects ve specic numbers found in court records: social security, employer
and tax identication, nancial accounts, driver license, and passport numbers.
− Wis. Stat. § 801.20 requires parties to identify condential information when it is led. The
Director of State Courts has created a list of commonly-led documents and case types that the
clerk of court will automatically treat as condential without a motion.
− Wis. Stat. § 801.21 provides a procedure for motions to seal. A party seeking to protect information not
covered above must move to seal or redact it and must specify the authority for restricting public access.
GENERAL INFORMATION
FOR ALL THREE RULES
What is the purpose of these rules?
The new rules are intended to reduce the opportunity
for identity theft, enhance personal privacy, and
provide greater clarity on protecting sensitive
information. They put responsibility on attorneys
and self-represented parties to identify condential
information at the time of ling. The clerk of circuit
court and register in probate are not required to review
lings to nd protected and condential information.
Which court records are covered by the rules?
The new rules apply to all documents led with
the circuit courts after July 1, 2016, including new
documents led in existing cases. The rules apply to
all lings in circuit court cases, even in condential
matters like juvenile and guardianship proceedings.
Courts are not required to review their old records. If
parties want to remove social security numbers and
other protected information from old records, they may
move to do so. There are also provisions for removing
the information from new and old transcripts. (See
p. 3 for additional information.)
What’s the denition of “redact”, “seal”,
and “condential”?
− “Redact” means to obscure individual items
of information within an otherwise publicly
accessible document.
− “Seal” means to order that a portion of a
document or an entire document not be
accessible to the public.
− “Condential” means the court will automatically
restrict a document or case type from being
publicly accessible because it is protected by
statutes, court rules, or case law.
2 | www.wicourts.gov
PROTECTING FIVE SPECIFIC
NUMBERS
What is protected information?
Wisconsin Statute § 801.19 denes ve specic
numbers as “protected information”:
− Social security numbers
− Employer and tax ID numbers
− Financial account numbers (such as banks and
credit cards)
− Driver license numbers
− Passport numbers
What if I want to protect a number that
isn’t one of these ve numbers?
The rule is limited to the ve specic items of
information. If you want to protect other identifying
numbers, you need to le a motion to seal. (See p. 6
for additional information.)
Do other courts have these rules?
The federal courts and at least 20 other state courts
have similar rules that require redaction of social
security numbers, nancial account numbers, and
other identiers. The lists for each state vary.
How do I handle redaction of the ve
specic numbers?
When preparing a document like a complaint or
motion, you should omit these numbers or refer to
them generically (for example, “plaintiff’s checking
account”). If the number is necessary to the action,
you must submit it to the court using form GF-241.
When submitting a previously existing document like
an exhibit, you should redact the number by blanking
it out on a copy, so the redacted version can be placed
in the court le. If the number is necessary to the
action, you should submit it on the GF-241 form or by
attaching an unredacted copy to the form.
What are some common documents that
include the ve numbers?
Common exhibits are credit card statements, bank
statements, tax returns, W-2 forms, and copies of
driver licenses. You should redact these numbers
before any exhibits are submitted.
Don’t I have to submit the original
document to the court?
If you are submitting a document in support of a
motion or brief, you should submit a copy. With the
implementation of eFiling, the clerks of court do
not keep original pieces of paper. Keep the original
document in case there is some question about the
authenticity of the document. If the court requires
you to produce the original document, the clerk will
keep the original.
Do law enforcement ofcers need to omit
the driver license number from citations?
For electronic citations, the court case management
software will mask the driver license number from
public viewing, so law enforcement should continue to
include the number on electronic citations. For paper
citations, law enforcement should omit the driver
license number and submit it on the condential
form GF-241.
Can the court share these ve numbers
with other agencies?
Yes, access to other persons and agencies is still
allowed as provided by law. Also, the parties may
stipulate in writing to allow access to protected
information to any person.
What’s the best way to redact a paper copy?
First, make a copy of the document and set the
original aside. Keep it until the case is completely
over. Make redactions on the copy by whiting or
blacking out information. Then make a copy of the
copy and submit that to the court.
What’s the best way to redact an
electronic copy?
If you are redacting a scanned or converted PDF,
certain applications, like Adobe Acrobat Professional,
and Foxit PhantomPDF include tools and offer plug-
ins specically for redaction. If redacting a Microsoft
Word document, the best practice is to omit protected
information during le creation. When redacting an
existing Word document, remove or replace the
protected information and then paste the redacted
contents into a text editor like Notepad. Programs
like Notepad will allow you to save a version of the
document free of deleted information that is hidden
in the code of Word documents.
www.wicourts.gov | 3
How do I remove these ve numbers from
an older case le?
If you wish to redact the ve numbers from old court
records, you must le a motion and identify all places
in the court record where the number appears. Use
form GF-242. The clerk of court will perform the
actual redaction using special software. It is then
your responsibility to check the court record to make
sure everything was redacted.
How do I get the ve numbers redacted
from a transcript?
If you wish to redact the ve numbers from a
transcript, you must le a motion and identify all
places in the records where the number appears.
Use form GF-243. The court reporter will perform the
actual redaction and eFile the complete redacted
version of the transcript with the circuit court.
Notice of the ling of the redacted transcript will
What are the clerk of circuit court and register in probate responsible for?
There are some commonly-led forms that court staff will recognize and will treat as condential. You
do not need to submit form GF-244 for:
− Condential address information in TRO and injunction actions (form CV-502)
− Condential disclosure of protected information (form GF-241)
− Cover sheet for condential records (GF-244)
− Condential disclosure of information to be sealed or redacted (GF-245)
− Condential petition addendum (form GF-179)
− Court report in cases under the Children’s Code (Ch. 48) and the Juvenile Justice Code (see
Wis. Stats. §§ 48.396(3)(b)2., 48.33, 48.293(2), 48.38(5)(d) & (5m)(d), 938.396(2m)(b)2.,
938.33, 938.293(2), and 938.38(5)(d) & (5m)(d)
− Disclosure of sealed identifying information in a child custody proceeding (form GF-178)
− Examining physician’s or psychologist’s report in Guardianship cases and cases under the
Children’s Code and Juvenile Justice Code (see Wis. Stats. §§ 51.30(4)(b), 54.36, 48.396(3)
(b)2., 48.295, 938.396(2m)(b)2., and 938.295)
− Family medical history questionnaire (form FA-608)
− Family nancial disclosure (form FA-4139V)
− Income and expense statement (FA-4138V)
− Permanency Plans in cases under the Children’s Code and Juvenile Justice Code (see Wis.
Stats. §§ 48.396(3)(b)2., 48.38(5)(d) & (5m)(d), and 938.38(5)(d) & (5m)(d))
− Presentence investigation reports (see Wis. Stat. § 972.15(4m))
− Report of Examination under s. 51.45(13), Wisconsin Statutes, regarding Involuntary
Commitment (form ME-940)
− Report of Examination under s. 51.20, Wisconsin Statutes, regarding Involuntary Commitment
for Treatment (form ME-941)
Some statutes require an entire classication of cases to be kept condential. These statutes have
provisions allowing disclosure to the parties, their attorneys, and others. You do not need to submit
form GF-244 for the following records:
− Adoption
− Child abuse restraining orders and
injunctions
− Children’s proceedings under ch. 48
− Condential name change petition
− Grand juror list and grand jury proceedings
− Guardianship
− Jane Doe proceedings
− Mental health act proceedings
− Juvenile proceedings under ch. 938
− Paternity pre-adjudication records
− Protective services and placement
− Search warrants until executed
− Wills deposited for safekeeping during life
of the person making the will
4 | www.wicourts.gov
be accomplished via the eFiling system (for eFiling
parties) or via traditional means. After receiving the
redacted version or replacement pages, it is your
responsibility to check the transcript and make sure
that everything has been redacted.
What about court orders and opinions?
Judges and court commissioners are also required to
omit the ve numbers when writing orders and opinions.
What if someone fails to comply with the
redaction rule?
If someone les a pleading with the numbers still
visible, several things may happen. If you fail to protect
your own information, you have waived the protection
offered by the rule and the document may simply
remain in the le. The court, on its own motion, may
seal the improperly led documents and order you to
le again.
If you fail to protect the information of another person,
the court may impose reasonable expenses, including
attorney fees and the costs of bringing a motion and
preparing a new document. For serious violations,
the court may sanction the violation as contempt.
(See Wis. Stat. § 801.19 for more information.)
IDENTIFYING CONFIDENTIAL
INFORMATION
What is condential information?
Wis. Stat. § 801.20 provides a procedure for ling
information and documents that are made condential
by statutes, court rules, or case law. Certain documents
and proceedings must be brought to the attention of the
clerk of court when they are led. Use form GF-244.
What is the ling party responsible for?
Certain condential documents must be brought to the attention of the clerk when they are led, using
form GF-244. Be careful not to include condential records as attachments or exhibits. They should be
submitted separately by attaching them to the form.
− Child pornography as evidence
− Criminal competency determinations prior to competency hearing
− Criminal mental disease or defect reports prior to testimony or completion of trial
− Documents previously sealed by court order
− Family maintenance payment records
− Physical/mental health/sensitive personal matter in proceedings under Chapters 48 and 938,
Wisconsin Statutes
− Pupil records provided under subpoena for in camera inspection
− Treatment records of individuals criminally committed under ch. 971 and 975
− Wiretap records, electronic or oral interceptions
You must also identify certain cases as condential when they are led:
− Insurance proceedings submitted for judicial review
− Medical incapacity of attorney petition
− Parent denied periods of physical placement
− Uniform Child Custody Jurisdiction Enforcement Act proceedings where risk of harm alleged
www.wicourts.gov | 5
What if I don’t see a record on this list?
To protect other court records not listed on form
GF-244, you must le a motion to seal. (See pg. 3 for
additional information.)
Aren’t health care records automatically
condential?
Although medical and psychological records are
condential in many contexts, that condentiality
does not necessarily extend to the records once
they are submitted as part of a court proceeding.
The clerk of court will not automatically treat health
care records as condential because of Wis. Stat.
§ 146.82 or HIPAA. If you wish to protect a medical
record, you must identify a statutory exception on
form GF-244 or move to seal the records.
How does the circuit court handle information
about crime victims and witnesses?
Wisconsin law provides that crime victims and
witnesses must be treated with fairness, dignity and
respect for their privacy by public ofcials. Wis. Stat. §
950.04. There are some specic statutory protections:
− Crime victims and witnesses should not have
their personal identiers used for a purpose
unrelated to ofcial government business.
− Crime victims may not be identied by name in
briefs and opinions in the Wisconsin Court of
Appeals and Supreme Court.
− Crime victim notication cards are kept
condential by the clerk.
− The clerk generally will not enter the names of
crime victim and citizen witnesses in elds that
display on the court website.
However, a crime victim’s name, address and other
information are not handled as condential in circuit
court unless there is a specic order by the court. To
protect such information, a crime victim or witness
must le a motion to seal with the court, using form
GF-246. The district attorney’s ofce and victim-
witness coordinator may be able to help.
The Ofce of Crime Victim Services of the Wisconsin
Department of Justice offers resources for crime
victims, to explain the rights of victims in the
criminal justice system and assist in exercising them.
Their website also offers links to local services in
each county. More information can be found at:
https://www.doj.state.wi.us/ocvs/office-crime-
victim-services.
When is information condential in
domestic abuse cases?
In cases of domestic and other abuse, victims may
le petitions for temporary restraining orders and
injunctions against those who abuse them. These
cases have some specic condentiality protections
that are automatically applied by the clerk of court:
− The petitioner’s address is condential in
domestic abuse, child abuse, individual
at risk (elderly and disabled persons), and
harassment cases.
− The petitioner’s name may not be displayed
on the internet in domestic abuse cases and
in harassment cases where domestic abuse
conduct is alleged.
6 | www.wicourts.gov
− A child support agency may request protection
for the names and addresses of parties
receiving child support where domestic abuse
has been demonstrated.
− A name change petition may be sealed if the
court nds danger to the petitioner.
If you need additional protection you must ask the court
to seal the information, using form GF-246. Even if
your address is kept condential from the other party,
it must still be led with the court on the condential
address information form, CV-502. The address may
be shared with law enforcement agencies for serving
papers, or with other governmental agencies.
There are services available to help victims of
domestic abuse, child abuse, individuals at risk,
and harassment. End Domestic Abuse Wisconsin is
a coalition of groups working with communities to
prevent and end domestic abuse. Their website has
links to numerous local and tribal programs:
http://www.endabusewi.org/.
Why is my child’s name showing up in the
public court record?
The names of children involved in court cases are
specically protected in four situations:
− Wis. Stat. Chapter 48 generally provides
condentiality for cases involving child abuse
and neglect, termination of parental rights,
adoption and guardianship, foster care,
unborn children and expectant mothers. This
condentiality applies when the child involved
is age 17 or under. There are a number of
statutory exceptions.
− Wis. Stat. Chapter 938 generally provides
condentiality for cases involving juvenile
delinquency, juveniles in need of protection
and services, truancy, and ordinance violations.
This condentiality applies to juveniles age
16 and under. For trafc violations, it applies
to juveniles age 15 and under. There are a
number of statutory exceptions.
− Wis. Stat. § 813.122(3) provides condentiality
for temporary restraining orders and
injunctions in child abuse cases.
In other matters, the names of children are not
condential without a specic motion and court
order. If you think a child’s name should not be in
the public court record, you may le a motion to seal
using form GF-246.
Why isn’t the QDRO condential?
The nancial disclosure form and exchange of
nancial information are condential in family
cases, so parties sometimes assume that a qualied
domestic relations order will be condential as well.
These orders often contain social security numbers
and account numbers. If you are ling a QDRO with
the court, you should redact the numbers and place
them on form GF-241, or submit both a redacted and
unredacted version.
Is my driver license number condential?
The federal Driver’s Privacy Protection Act (DPPA)
restricts the use of personal information obtained
from a state department of motor vehicles for any
purpose not allowed by law.
Driver license numbers must be redacted from
documents led on or after July 1, 2016. For information
that comes to the court on electronic citations, the court
CCAP software will mask the driver license number
from public view. Driver license information will still be
shared with other agencies as allowed by law.
www.wicourts.gov | 7
Are there records that are not kept in the
court le?
A few records related to court cases are not kept in
the court le:
− The family medical history of a noncustodial
parent will be forwarded to the child’s physician.
− Judge’s notes are not part of the court record
and are kept separately.
− Reports of sexual exploitation by therapists
should not be led with the court.
− Vital records (certicates of birth, death,
marriage and divorce) are not kept in public
court les. Where the information is needed,
the records are inspected and returned after a
note is made in the le. Court proceedings that
result in new birth certicates are sealed.
SEALING COURT RECORDS
How do I seal a court record?
Wis. Stat. § 801.21 provides procedures and forms
for making a motion to seal or redact. If the court
seals a record, it means that a portion of a document
or an entire document will not be accessible to the
public. The statute sets out the process for parties
and the court to follow. It does not set the standards
for the court to use in deciding the motion to seal;
those are found in Wisconsin case law.
When is a motion to seal necessary?
Wisconsin public policy favors public access to
government records. Wis. Stat. § 59.20(3) provides
specic authority for inspection of papers required to
be kept by the clerk of courts and register in probate.
Court records are generally open to the public unless
protected by a statute.
Some court records are protected by Wis. Stat. §
801.19 (such as social security and driver license
numbers) and Wis. Stat. § 801.20 (listing the court
records made condential by statute; see above).
For all other records, if you wish to keep information
private, you must le a motion to seal. The motion
may extend to an item of information like a name or
address, a document like a medical report, or, in rare
instances, the whole case.
What procedures do I follow to le a
motion to seal?
You may ask the court to redact (omit or blank out)
certain pieces of information from all records in the
case. Alternatively, you may ask the court to seal a
whole document or the whole case. Forms GF-245-
247 are available for making a motion to seal the
court record or the transcript.
The clerk cannot seal a record; this decision must
be made by the court. The ling party must cite legal
authority (such as statutes, court rules, or case
law) and any necessary facts to explain why the
information should not be publicly available. See Wis.
Stat. § 801.21 for more information.
The CCAP software automatically places form GF-
245 under temporary seal when submitted through
eFiling. The ler should check the radio button labeled
“seal” in order to seal the documents submitted
with the GF-245. Until the court rules on the motion,
the information can be viewed only by the ler. The
motions to seal, GF-246A and GF-247A, and their
orders, GF-246B and GF-247B, are open to the public.
Are there any other statutes or case law
that allow the court to seal?
Some statutes and case law provide that the court
may seal certain records or seal the whole case:
− Antitrust actions—business or trade secrets
[§ 133.13(2)]
− Condential informants—identication
and testimony [§ 905.10(3)]
− Coroner’s inquest [§ 979.05(6), § 979.08(7])
− Divorce judgments when parties remarry
8 | www.wicourts.gov
each other or reconcile [§ 767.35(6), (7)]
− Family actions may be impounded for good
cause shown [§ 767.13]
− In camera inspection of alleged victim’s
psychological/ psychiatric/treatment records
under Shiffra/Green [State v. Green, 2002 WI
68, 253 Wis. 2d 356]
− In camera inspection of potential discovery
[Wis. Stat. § 971.23(6m)]
− In camera inspection of state employment
records if the employee demands de novo
review of the release (Woznicki notice)
[§ 19.356]
− John Doe proceedings [§ 968.26(4)]
− Juror Information [State v. Tucker, 2003 WI 12,
259 Wis. 2d 484]
− Restraining orders and injunctions, individual
at risk [§ 813.125(3)(c)2.]
− Trade secrets litigation [§ 134.90(5)]
Can I ask the court to seal something just
on the court website?
Sealing orders apply to the information no matter
what format it is in.
− Information on the Wisconsin Circuit Court
Access website (WCCA) is sealed through
the use of codes that keep information from
appearing online or on the public access
terminals located in the clerk’s ofce.
− Documents in eFiled cases are available only
to parties and attorneys through the eFiling
system. Case documents are not available
to the public on the court website. In eFiled
cases, clerks have settings available that allow
parties to access sealed documents only as
provided by the court order.
What will happen if the court
seals information?
If the court decides that sealing or redacting is
required, the court should seal or redact the least
amount of information that will achieve the purpose.
The public record will indicate that an order was issued
and the name of the court ofcial entering the order,
for example, “Plaintiff’s medical record sealed by
order of Judge Jones”. The sealing order will indicate
who can see the information. Information may still be
shared with other agencies as allowed by law.
Where can I go to learn more about the
laws that affect sealing?
Many state statutes require other custodians to keep
certain information condential, and these may be
used to support a motion to seal. For a list of these
statutes see State Bar of Wisconsin, Wisconsin
Public Records and Open Meetings Handbook. For
information about the state public records law and
the cases that interpret it, see Wisconsin Department
of Justice, Wisconsin Public Records Law Compliance
Guide, found on the DOJ website at https://www.doj.
state.wi.us/.
For information about protecting health care records,
crime victim information, domestic abuse cases,
qualied domestic relations orders, children’s names,
and driver records. (See pp. 4–6 for more information.)
FORMS AND OTHER
INFORMATION
Forms relating to the new rules will be nalized in
early June 2016. Court forms are developed by the
court Records Management Committee and are
posted on the court website at http://www.wicourts.
gov/forms1/circuit/index.htm.
What forms are available for redaction,
condentiality and sealing?
− Condential Disclosure of Protected
Information (GF-241)
− Motion to Redact Protected Information in
Court Record (GF-242A)
− Order to Redact Protected Information in Court
Record (GF-242B)
− Motion to Redact Protected Information in
Transcript (GF-243A)
− Order to Redact Protected Information in Court
Record (GF-243B)
− Cover Sheet for Condential Records (GF-244)
− Disclosure of Information to be Sealed or
Redacted (GF-245)
− Motion to Seal or Redact a Court Record (GF-246A)
− Order to Seal or Redact a Court Record (GF-246B)
− Motion to Seal or Redact a Transcript (GF-247A)
− Order to Seal or Redact a Transcript (GF-247B)
www.wicourts.gov | 9
Visit the court’s website at
https://www.wicourts.gov/
services/attorney/redact/
for
additional information.
What other forms are available?
− Condential Petition Addendum (GF-179) to
provide the social security number in family cases
− Afdavit to Seal Identifying Information in a
Child Custody Proceeding (GF-177)
− Disclosure of Sealed Identifying Information in
a Child Custody Proceeding (GF-178)
− Petition Concerning Removal of Address
Information from Online Records (GF-183)
− Condential Address Information (CV-502)
− Family Medical History Questionnaire (FA-608)
− Financial Disclosure Statement (FA-4139V)
− Income and Expense Statement (FA-4138V)
− Report of Examination under 51.45(13)―
Involuntary Commitment (ME-940)
− Report of Examination under 51.20―Involuntary
Commitment for Treatment (ME-941)
− Victim Notication Cards (CR-240)
What information appears on the
Wisconsin court website?
The Wisconsin Circuit Court Access (WCCA) website
provides information about parties, court dates,
lings and orders. Unlike the federal court website
(PACER), the Wisconsin court website does not display
or sell documents from cases. To see documents and
transcripts, you must go to the courthouse in the
county where the action was led.
By court policy, certain information should not be
entered into elds that display on the Wisconsin
Circuit Court Access website. The clerk of court will
not enter information such as social security numbers,
credit card numbers, security codes, and passwords.
The clerk will also not enter the names and address
of victims and citizen witnesses in criminal case types
and temporary restraining order/injunction cases.
Juror names or addresses are also not entered by
the clerk. The clerk will not enter the full date of birth
except for criminal defendants. The Director of State
Courts Policy on Disclosure of Public Information over
the Internet is posted at http://wcca.wicourts.gov/
index.xsl.■
