Are the Marchman Act, Baker Act and Guardianship cases 100% confidential?
Hello, everyone! Welcome to another edition of our video newsletter.
In this video, I want to address the confidentiality of the Marchman Act, the Baker Act, and the Guardianship.
I get a lot of calls from people saying when they get a job or try to get concealed weapons to permit, their Marchman Act or the Baker Act that happened years ago has shown up in the background check. They thought this was a confidential proceeding. Well, it is confidential, but confidentiality is not absolute. For instance, the attorney-client privilege; if somebody calls me, even if they don’t hire me, the information they give me is confidential. There are only limited circumstances in which I can reveal the contents of your Baker Act and Marchman Act. If you’re seeking employment, especially if it’s with a government agency, local state, or federal, it’s probably going to show up. If you’re going to apply for a firearms license, they will be able to find it. That confidentiality applies to members of the public. If you were a lawyer involved in the case or you’re the respondent or the petitioner, you couldn’t go on the cloak of the court’s website and look it up. You couldn’t even go down to the courthouse and physically ask for the file. These matters are confidential. Confidentiality can be breached, but it’s not absolute.
With that said, thanks for the question. Stay safe and be well.