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  • Jul 11, 2016 @ 09:43am

    Re:

    A couple of things would prevent this. First, there's most likely a statute of limitations as to the original claim. Second, in your scenario, the plaintiff is bringing a case against the same defendant, and the defendant remembers what happened even if the record is sealed. Any decision in the first case would be res judicata as to the second; the defendant would simply move to have the case dismissed because it has already been decided in his favor. The record of the first case is sealed from public access, not removed from the face of the earth.

    Also, I think you're conflating criminal and civil law. "Double jeopardy" is a criminal law concept.