How about a specific example ... I just happen to have a seal order in front of me, one issued by the Deputy District Coroner a bit over a year ago that applied to BTK murder victims. It cites enabling Kansas law and restricts disclosure of coroner records filed with District Court "to law enforcement officers acting within the scope of their duties or other authorized employees of law enforcement agencies who are acting within the scope of their duties." The final order paragraph reads "The Clerk of the District Court is hereby prohibited from releasing any portion of the attached report to any unauthorized person, agency or entity without order of the Court pursuant to KSA 45-222."

Bottom line, "sealing" will depend upon the enabling law. There may be conditions under which disclosure will be allowed. Look at the order to seal.

In this case, the order was drafted to apply specifically to District Court, where Coroner Reports have been filed since 7/1/1976. Previously, they were filed with County Clerk, and those records are stored in the Courthouse Records Center, with RMS providing access. As the intent of the order was clear, upon advice of legal counsel we complied, without asking that another order be issued or that we be formally served.

I had never had to comply with an order to seal before. I removed the Corner Reports for the victims listed from the records boxes, inserted into a tamper resistant envelope, and clearly labeled as "sealed" and dated. They have been in my office since, bundled with the seal order. Legal counsel considered this to be adequate in these circumstances. Consistent with the order, we also removed a copy of a university students' research paper, containing information derived from the sealed reports, from County Archives, and so informed the District Attorney. My current problem is that I have not been able to determine whether the seal has been reversed and the records can be returned to open status.
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|| Douglas K. King, Records Manager / Freedom of Information Officer
|| Sedgwick County DIO/IT-Records Management Services
|| Sedgwick County Courthouse / 525 N. Main /  Wichita KS 67203
|| 316.660.9846   FAX 316.660.3274   mailto:[log in to unmask]
||  www.sedgwickcounty.org   "Sedgwick County ... working for you"
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