Yes, it is possible for a sealed record to be opened. This has to be done by the court, which determines if the record should be unsealed. It is a rather rare practice, but it is technically possible and can happen under the right set of circumstances.
One important thing to remember is that, even if the records are unsealed, this does not have any effect on the order overall. It just means that the record can be opened, often for a limited time, to view its contents. It does not change the arrest, conviction, citation or charge of the individual in question.
Assisting with an investigation
Those going through this process may wonder why a record would be unsealed, and it is often done if it may be beneficial during an ongoing investigation. This is explained by ORS 137.225, which states that:
“Upon motion of any prosecutor or defendant in a case involving records sealed under this section, supported by affidavit showing good cause, the court with jurisdiction may order the reopening and disclosure of any records sealed under this section for the limited purpose of assisting the investigation of the movant.”
For instance, someone may find themselves facing criminal charges in the future for an unrelated reason, but the details of their original record may help to prove their innocence. Even though they are the defendant in the case, they may then provide good cause to unseal the records, present the correct affidavit and obtain an order from the court. This allows them access to the official information that they need, which can support their position, but it does not change the initial charge.
Understanding how criminal records work and how they can affect your future is very important. When you are looking into your options for post-conviction relief or considering how those records may be affected in the future, it could be helpful to work with an experienced attorney.