Eastern District of Virginia Sealing & Redaction Procedures

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Criminal cases

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Summary: Transportation Orders may be filed under seal by placing 'UNDER SEAL' on the face sheet.

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Criminal cases

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Summary: Transportation Orders remain under seal unless the court orders otherwise.

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Criminal cases

ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Summary: Recalculation worksheet must be filed under seal.

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Criminal cases

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Summary: Retroactive worksheets must be filed as sealed ECF.

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If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing.

Summary: Counsel must seek leave of court before filing an HSD.

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Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk's Office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a copy of the HSD's caption page (with confidential information redacted), along with the CM/ECF placeholder document number described in Section 2(b).

Summary: Documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.

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Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. The Pro Se party shall explain why the proposed document is an HSD or why it should otherwise be subject to the heightened protection accorded to HSDs;

Summary: Pro se parties must submit HSDs to Clerk's Office in sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically.

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Criminal cases

It is therefore ORDERED that petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Summary: Petitions for violation of probation/supervised release/pretrial release conditions that include a request for an arrest warrant must be filed under seal; upon arrest, the Clerk shall unseal the petition and the docket entry for the warrant return.

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If represented by counsel, any party seeking to file an HSD must, before such filing, seek leave of court for such filing. Any other party may also move the Court to designate a filing as an HSD if, in its judgment, the filing qualifies as an HSD. The motion shall explain why such document is highly sensitive or why it should otherwise be subject to the heightened protection for HSDs.

Summary: A motion for leave to file a Highly Sensitive Document (HSD) is required before filing.

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As soon as practicable after the motion is filed, the filing party shall deliver to the Clerk's office the HSD sought to be filed along with a certificate of service.

Summary: After filing the motion, the HSD and certificate of service must be delivered to the Clerk's office as soon as practicable.

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Counsel shall also submit two paper copies, using unfolded 8½ x 11 paper, of the memorandum in support of the Motion to file, the HSD sought to be filed, and a certificate of service, as directed in Section 2(b) above. Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk's Office in a sealed envelope marked "HIGHLY SENSITIVE DOCUMENT." The outside of the envelope shall be affixed with a copy of the HSD's caption page (with confidential information redacted), along with the CM/ECF placeholder document number described in Section 2(b).

Summary: Two paper copies (unfolded 8½x11) of specified documents must be submitted in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and placeholder number affixed.

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The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically.

Summary: For Pro Se parties, the proposed HSD shall not be filed electronically; the motion to seal proceeds under existing procedures.

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Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system.

Summary: The Court may order removal of an HSD or highly sensitive case from the electronic filing system upon motion of a party or sua sponte.

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The motion to seal and to treat a document as an HSD via CM/ECF shall go forward under existing procedures, except that a copy of the proposed HSD shall NoT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number. If the memorandum in support of the motion contains highly sensitive information necessary to explain the basis for classification as an HSD, the memorandum may be served on any opposing party and delivered (but not filed via CM/ECF) in printed form to the presiding judge. As soon as practicable after the motion is filed, the filing party shall deliver to the Clerk's office the HSD sought to be filed along with a certificate of service.

Summary: HSD motion filed on CM/ECF with blank placeholder; actual HSD and any sensitive memo delivered to Clerk's office and judge in printed form.

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Regardless of whether or not these documents contain highly sensitive information, these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. The Pro Se party shall explain why the proposed document is an HSD or why it should otherwise be subject to the heightened protection accorded to HSDs;

Summary: Pro se parties must submit HSDs to the Clerk's Office in sealed envelopes marked 'HIGHLY SENSITIVE DOCUMENT' with redacted caption page and CM/ECF number; proposed HSD not filed electronically; motion to seal required with explanation.

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Criminal cases

ORDERED that the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Summary: Probation Office must file the recalculation worksheet under seal.

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Criminal cases

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order. It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Summary: Transportation Orders for prisoner debriefings or interviews may be filed under seal by marking 'UNDER SEAL' on the face sheet, and such orders remain under seal unless the court orders otherwise.

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Criminal cases

It is therefore ORDERED that petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Summary: Petitions for violation of probation, supervised release, or pretrial release conditions and related warrants must be filed under seal and unsealed upon arrest.

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Criminal cases

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Summary: Worksheets for retroactive criminal history amendments must be filed as sealed ECF and sent to counsel of record.

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The Court may, on its own initiative or on motion of a party pursuant to Section 2 below, direct that the following material be designated as HSD: c. Applications and any associated orders for search, seizure, and arrest warrants, including those filed by the United States Probation Office, prior to disclosure required by law; d. Applications and any associated orders for interception of wire, oral, electronic records pursuant to 18 U.S.C. § 2703(d), requests for non-disclosure under 18 U.S.C. § 2705; e. Pleadings, filings, or transcripts in criminal cases discussing undisclosed cooperation; f. Under seal criminal complaints and associated orders where the United States Attorney moves for such designation for good cause shown; or, g. Materials whose disclosure could jeopardize national security or would pose a clear and present danger to life and limb or result in grave or extreme harm in either a civil or criminal case.

Summary: The Court may designate certain materials as HSD on its own initiative or on party motion.

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Social Security records, administrative immigration records; qui tam complaints; and, Commercial or proprietary information. The motion to seal and to treat a document as an HSD via CM/ECF shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically. Instead, a blank placeholder document shall be attached to the motion in place of the proposed HSD to reserve the docket number.

Summary: HSD categories include Social Security records, immigration records, qui tam complaints, and commercial/proprietary information; filing requires a motion to seal with a placeholder on CM/ECF and delivery of the actual HSD to the Clerk's office.

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these documents shall be submitted to the Clerk’s Office in a sealed envelope marked “HIGHLY SENSITIVE DOCUMENT.” The outside of the envelope shall be affixed with a copy of the HSD’s caption page (with confidential information redacted), along with the CM/ECF document number. The motion to seal and to treat a document as an HSD shall go forward under existing procedures, except that a copy of the proposed HSD shall NOT be filed electronically.

Summary: Pro Se parties must submit HSDs to the Clerk's Office in a sealed envelope marked 'HIGHLY SENSITIVE DOCUMENT' with a redacted caption page and CM/ECF number; the proposed HSD must not be filed electronically.

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Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court.

Summary: The Court may order removal of HSDs from the electronic filing system upon motion; the Clerk will make an informational docket entry.

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Criminal cases

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Summary: Transportation Orders for prisoner debriefings/interviews may be filed under seal with 'UNDER SEAL' on the face sheet.

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Criminal cases

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Summary: Transportation Orders remain under seal unless otherwise ordered by the court.

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Sealed documents should once again be filed electronically in CM/ECF under the E-Filing procedures in place prior to July 29, 2025, as amended by any future updates to those procedures. Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Summary: Sealed documents are filed electronically but not accessible to litigants; litigants cannot view or access sealed documents electronically.

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Criminal cases

petitions for violation of probation, supervised release, or pretrial release conditions, and any addenda relating to those petitions, initiated by the U.S. Probation Office, which include a request for the issuance of an arrest warrant and any warrant issued, shall be filed under seal and not disclosed to counsel or the public without order of the Court. Upon the arrest of the defendant, the Clerk shall unseal the petition and the docket entry for the return of the executed warrant, unless otherwise ordered by the Court.

Summary: Petitions for violation of probation, supervised release, or pretrial release conditions, and related addenda and warrants, must be filed under seal and unsealed upon arrest.

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Criminal cases

Those worksheets shall be filed as a sealed ECF sent to the counsel of record at the time of sentencing.

Summary: Retroactive worksheets must be filed as sealed ECF.

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Criminal cases

the United States Probation Office prepare a recalculation worksheet for each defendant who may be eligible for a sentence reduction based on Amendment 821 and file the worksheet under seal with copies supplied to counsel of record.

Summary: Probation Office must file recalculation worksheet under seal.

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Criminal cases

the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Summary: Clerk and Probation may disclose PSR, sealed judgments, and sealed sentencing documents to counsel upon request without motion; other sealed materials require motion.

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Criminal cases

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Summary: Transportation Orders for prisoner debriefings/interviews may be filed under seal

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Criminal cases

It is, therefore, ORDERED that any Transportation Order directing the transportation of defendants or other prisoners for purposes of debriefings or interviews may be filed under seal by placing the words UNDER SEAL on the face sheet of the Order.

Summary: Transportation Orders for prisoner debriefings or interviews must be filed under seal with 'UNDER SEAL' marked on the face sheet.

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Criminal cases

ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Summary: Clerk and Probation may disclose PSI, sealed judgments, and sealed sentencing documents to counsel upon request without further order; other sealed materials require a motion.

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Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court. A party’s motion to remove alleged HSD materials or a highly sensitive case from the Court’s electronic filing system shall explain why such document or case is highly sensitive under the criteria set out in Section 2 above or why it should otherwise be subject to the heightened protection for HSDs.

Summary: Court may order removal of HSDs from e-filing system upon motion; motion must explain why highly sensitive.

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Upon motion of a party or upon its own motion, the Court may determine that a document, case, or any portion of it, that has been filed electronically is highly sensitive and direct that the HSD or case be removed from the Court’s electronic filing system. The Clerk's office will make an informational docket entry in the Court’s electronic filing system indicating that the HSD remains on file with the Court. A party’s motion to remove alleged HSD materials or a highly sensitive case from the Court’s electronic filing system shall explain why such document or case is highly sensitive under the criteria set out in Section 2 above or why it should otherwise be subject to the heightened protection for HSDs.

Summary: Parties may move to remove existing HSDs or cases from the e-filing system; motion must explain high sensitivity based on Section 2 criteria.

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Criminal cases

ORDERED that the Clerk's Office and Probation Office are permitted to disclose the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order of the Court. Requests for any other sealed materials must be made by a motion.

Summary: Clerk and Probation may disclose PSI, sealed judgments, and sealed sentencing documents to counsel upon request without further order; other sealed materials require a motion.

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Although electronic filing of sealed documents will resume, litigants will no longer be able to access or view such sealed documents by electronic means.

Summary: Litigants cannot access or view sealed documents electronically after filing.

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Sealed documents that are defined as HSDs will continue to be subject to the Court's HSD procedures.

Summary: Highly Sensitive Documents (HSDs) continue to be subject to the Court's separate HSD procedures.

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Criminal cases

ORDERED that the Court will make available to counsel of record the Presentence Investigation Report, any sealed judgments, and any sealed documents related to sentencing to counsel of record upon their request, without further order ofthe Court. Requests for any other sealed materials must be made by a motion.

Summary: Court will provide certain sealed materials to counsel upon request without motion.

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Sealed documents that are defined as HSDs will continue to be subject to the Court's HSD procedures.

Summary: Highly Sensitive Documents remain subject to existing HSD procedures.

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Criminal cases

The United States Probation Office for the Eastern District of Virginia and the United States Clerk’s Office for the Eastern District of Virginia may disclose to counsel Presentence Investigation Reports, Judgments in a Criminal Case, including sealed Judgments, Statements of Reasons, Motions for Departure based on Substantial Assistance, under seal documents pertinent to sentencing, and other documents as necessary defense counsel to determine whether particular defendants are eligible for a sentence reduction under the retroactive amendments.

Summary: Probation and Clerk's Office may disclose sealed sentencing documents to counsel for eligibility determination.

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Criminal cases

Order shall be provided to the United States Attorney's Office and to counsel of record for any subject of the Order. A copy may be provided to those law enforcement officials involved in the prosecution of the case, and to the United States Marshals Service, Deputy United States Marshals, and authorized law enforcement officers, as necessary, to effect the transportation of the prisoner or defendant who is the subject of the Transportation Order.

Summary: Sealed Transportation Orders must be shared with specific parties

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Criminal cases

It is further ORDERED that such Transportation Orders shall remain under seal unless otherwise ordered by the court.

Summary: Sealed Transportation Orders remain sealed unless court orders otherwise