Most people assume that once a lawsuit is filed, everything automatically becomes public forever. That assumption is only partly true. While Texas strongly favors open courts and public access to judicial records, there are important exceptions that allow certain documents to be sealed or restricted.

Whether you are involved in a divorce, probate dispute, business lawsuit, eviction, or contract case, understanding what the public can—and cannot—see is important.

Texas Favors Open Government

Texas has long recognized that transparency promotes confidence in the judicial system. Although many people think of the Texas Public Information Act when discussing government records, court records operate under a somewhat different framework.

The Texas Government Code expressly recognizes public access to judicial records. For example, Texas Government Code § 22.010(a)provides:

"Except as provided by law or rule, the records of the judiciary are open to the public."

That simple statement reflects a powerful principle: courts belong to the public, not merely to the litigants.

Does That Mean Anyone Can Read My Lawsuit?

Usually, yes.

Once a petition is filed with the district or county clerk, most documents become available for inspection unless a statute, rule, or court order provides otherwise.

This often includes:

• Original petitions
• Answers
• Motions
• Orders
• Judgments
• Many exhibits
• Court dockets

Today, many Texas counties also provide online access to docket information and electronically filed pleadings.

Are Divorce Records Public?

Generally, yes.

Many people are surprised to learn that divorce filings are ordinarily public records. Unless the court orders otherwise, the petition, final decree, and much of the case file may be inspected by members of the public.

However, certain sensitive information is protected by law or court rule, including:

• Social Security numbers
• Driver's license numbers
• Financial account numbers
• Certain information regarding minors

These protections exist even though the overall case remains public.

Probate Cases Are Also Usually Public

Probate proceedings often involve:

• Wills
• Applications to probate
• Inventories
• Orders
• Letters Testamentary
• Heirship proceedings

Because probate determines legal ownership of property, Texas generally allows public access to these filings.

This transparency also helps creditors, beneficiaries, and purchasers determine the status of estate property.

Business Lawsuits Are Normally Public

Commercial litigation often contains valuable business information.

Even so, simply labeling information "confidential" does not automatically make it private.

Texas courts generally require a specific legal basis before restricting public access.

Trade secrets, proprietary information, and certain confidential commercial materials may receive protection, but the requesting party usually must demonstrate why sealing is appropriate.

Can Court Records Be Sealed?

Yes—but it is uncommon.

Texas courts begin with the presumption that court records should remain open.

A party requesting secrecy typically must overcome that presumption by satisfying applicable legal standards demonstrating that sealing is justified.

Courts generally balance:

• the public's right to know,
• privacy interests,
• proprietary business interests,
• and the administration of justice.

Simply finding litigation embarrassing is usually not enough.

What About Protective Orders?

Many people confuse protective orders during discoverywith sealed court records.

These are different concepts.

A protective order may limit:

• production of confidential documents,
• who may review discovery,
• copying restrictions,
• disclosure of trade secrets.

However, documents exchanged during discovery are not necessarily filed with the court. If they later become evidence or are attached to motions, additional issues regarding public access may arise.

Criminal Records vs. Civil Records

Civil court records generally remain public unless sealed.

Criminal matters may involve additional remedies such as:

• expunction,
• nondisclosure orders,
• juvenile confidentiality statutes,
• statutory sealing procedures.

Those remedies are governed by separate statutes and should not be confused with ordinary civil litigation.

Can Someone Remove Information After Filing?

Sometimes.

Texas law allows correction of improperly filed sensitive personal information in certain situations.

Additionally, courts may order records sealed where authorized by law.

However, once information has entered the public domain, complete removal may not always be possible, especially if third parties have already obtained copies.

Practical Advice

Before filing any lawsuit, assume that most pleadings may eventually become public.

That does not mean sensitive information should never be included. Rather, attorneys should carefully evaluate:

• whether confidential information is legally necessary,
• whether redaction rules apply,
• whether protective orders should be requested,
• and whether alternative methods exist to protect privacy while still presenting the case effectively.

Thoughtful drafting at the beginning of litigation often prevents unnecessary disclosure later.

Conclusion

Texas strongly favors transparency in its judicial system. Most court filings—including those involving divorce, probate, contract disputes, landlord-tenant matters, and business litigation—are public records. Although important exceptions exist for confidential information and sealed records, parties should generally proceed with the understanding that court filings may be viewed by others.

If you are preparing to file a lawsuit or have concerns about protecting sensitive information during litigation, consulting an experienced Texas attorney before filing can help balance your privacy interests with the legal requirements governing public court records.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.