Sussex Mutual Insurance Co. v. Ruiz

FERGUSON, Judge.

Plaintiffs/appellants brought this action to recover for damages caused, allegedly, by an act of arson. This appeal, after a judgment for the defendant/appellee, is grounded on an interlocutory order which denied plaintiff’s motion to compel production of the defendant’s sealed criminal records.1

Criminal history records which have been expunged or sealed are not discoverable for the purpose of a civil action against the defendant arising out of the same facts giving rise to the criminal prosecution. Such records which have been sealed pursuant to statute are “available only to…