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Your previous expert has opted out and I have opted in. Baker Act records are private, meaning that only law enforcement and other government agencies can see it. Traditionally, no one else can. See HERE for a nuanced discussion of this.
Florida does not have a mechanism to seal involuntary commitment (under Baker Act). However, it has a general mechanism for sealing civil record (in general) which may be applied to such a case. Under Rule 2.420, one may request to have a judicial record made confidential if there is a legal basis for the request. These reasons include to:
- prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice,
- protect trade secrets,
- protect compelling governmental interest,
- obtain evidence to determine legal matters in an ongoing lawsuit,
- avoid substantial injury to third parties not part of the case to be sealed,
- avoid substantial injury to a party by disclosure of matters protected by common law doctrine or a specific privacy right;or,
- comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law.statutory or case precedent.
Here is the problem - Baker Act record does not fall under any of these. Ergo, while one can try to seal it (to prevent the police/government from seeing it as it is already blocked from public view), the Court is likely going to disapprove. I can provide you with instructions how to try this, if you'd like, still.
But again, Baker Act records are already generally sealed from the public's view - only government and police agencies generally see it.
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