Confidentiality in Character Reference Letters

Confidentiality and Character Letters

When you write a character reference letter, you might assume it is a private communication between you and the person who reads it. In many cases, that assumption is wrong.

A character letter for an employer might be shared with hiring committees, HR departments, and internal reviewers. A letter for a court proceeding might become part of the public record. A letter for a custody evaluation might be read by evaluators, attorneys, and both parents.

Understanding who will see your letter, how it may be stored, and what confidentiality protections (if any) apply helps you write with appropriate care. It also helps you set the right expectations for the person you are writing about, so they are not surprised to learn their character letter has been seen by people they did not anticipate.

When Character References Are Confidential

True confidentiality, meaning that the letter's contents are legally protected from disclosure, applies in a limited number of situations.

Employment references with confidentiality expectations. Some employers tell reference writers that their reference will be kept confidential and not shared with the candidate. This is a policy-based confidentiality, not a legal one. The employer may honor it, but it is not typically enforceable in the same way as attorney-client privilege or doctor-patient confidentiality. In some states, candidates have the right to see their application materials, including references.

Sealed court records. In certain cases, particularly those involving juveniles, sealed indictments, or sensitive proceedings, court records including character letters may be sealed. Sealed records are not accessible to the public. However, sealing is the exception, not the default.

Attorney-client privilege. If you are an attorney writing a character reference for a client, the letter itself may not be privileged (because it is being shared with a third party), but the communications between you and the client about the letter may be protected.

HIPAA protections. If you are a healthcare provider and your letter contains protected health information, HIPAA restrictions apply to how that information can be used and disclosed, regardless of the letter's other purposes.

In most other situations, character reference letters are not confidential. Once you submit a letter, you generally lose control over who sees it and how it is used.

Court Records and Public Access

This is where confidentiality concerns become most practical for character letter writers. If you write a letter for a court proceeding, you should understand how court records work.

Most court records are public. Criminal case files, including sentencing materials, are generally accessible to the public in most jurisdictions. This means your character letter, with your name, address, phone number, and personal observations about the defendant, could be viewed by anyone who requests the case file.

Electronic filing has increased accessibility. Many courts now use electronic filing systems that make documents searchable and accessible online. A character letter filed electronically may be viewable by anyone with internet access, not just people who physically visit the courthouse.

Some materials may be filed under seal. In sensitive cases, the defense attorney may request that certain materials, including character letters, be filed under seal. This is not automatic and requires a court order. If you have privacy concerns about your letter becoming part of the public record, discuss this with the attorney before submitting your letter.

Juvenile cases have more protection. Juvenile court records are generally sealed or confidential in most states. If you write a character letter for a juvenile proceeding, it typically receives more privacy protection than an adult case.

What this means practically: Before writing a character letter for court, consider that your letter may become part of the public record. This includes your personal contact information, your relationship to the defendant, and everything you write about both the defendant and yourself. If you are uncomfortable with any of that information being publicly accessible, discuss your concerns with the attorney.

Employer Confidentiality Expectations

Employment reference letters operate under different confidentiality norms than court letters.

Hiring manager access. When you write an employment reference, expect that it will be read by the hiring manager, HR personnel, and potentially other members of the hiring committee. The number of readers varies by organization.

Candidate access. In some states and under some company policies, job candidates can request to see their reference materials. If you write a reference assuming the candidate will never see it, you may be wrong. Some reference forms ask whether the reference writer consents to the candidate viewing the reference. Others make no such distinction.

Personnel file retention. Once an employee is hired, their application materials, including references, may be kept in their personnel file. Company retention policies vary, but some keep these files for years. Your reference letter may be stored long after the hiring decision is made.

Internal sharing. In larger organizations, reference letters may be shared with managers, team leads, or department heads during the onboarding process or during performance reviews. The letter you wrote for a hiring decision could be read in contexts you did not anticipate.

Practical approach for employment references: Write every employment reference as if the candidate will eventually read it. This does not mean you should be dishonest or avoid constructive feedback. It means you should write with the same care and professionalism you would use if the person were standing beside you. For more on writing strong employment reference letters, see our guide.

Discussing Your Letter With Others

After you write a character reference letter, people may ask you about it. Colleagues, friends, family members, or even the media (in high-profile cases) might want to know what you wrote or why you wrote it. How you handle these conversations matters.

With the person you wrote the letter for. You can and generally should share the content of your letter with the subject. In most cases, you will have shown them a draft before submitting it. After submission, there is nothing wrong with discussing what you wrote. The letter has your name on it, and you have every right to talk about your own statements.

With the attorney. If you wrote a court letter, the defense attorney may want to discuss your letter with you, especially if you may be called to testify. These conversations are appropriate and expected. Be candid with the attorney about what you wrote and why.

With friends and family. Here is where discretion matters. The person you wrote the letter for may not want the details of their legal situation, custody battle, or job search shared casually. Even though your letter is your own document, the information in it relates to someone else's personal situation. Before discussing the specifics with others, consider whether the subject would be comfortable with that.

With the media or public. In high-profile cases, character letter writers are occasionally contacted by journalists. You are under no obligation to discuss your letter with the media. If you choose to, be aware that anything you say publicly could affect the ongoing legal proceeding. When in doubt, say nothing, or consult the attorney first.

On social media. Do not post your character letter on social media, discuss the details of the case publicly, or share the person's legal situation online. Even well-intentioned social media posts can cause harm, embarrassment, or legal complications.

Practical Confidentiality Guidelines

A few practical steps help you manage confidentiality effectively.

Ask the attorney about the letter's accessibility. Before submitting a court letter, ask whether it will become part of the public record. The attorney can explain the specific rules for your jurisdiction and case type.

Include only necessary personal information. Your letter needs your name and enough contact information to establish your identity. But consider whether your full home address and personal phone number are necessary, or whether a city, state, and email address would suffice. The attorney can advise on what the court requires.

Discuss confidentiality with the subject. Make sure the person you are writing about understands who will see the letter. If they have privacy concerns, address them before you write, not after the letter has been submitted.

Keep your own copy secure. Store your copy of the letter in a secure location, digital or physical. Do not leave it where others can access it without your knowledge. If you stored it digitally, use a secure folder or encrypted storage if the content is sensitive.

Treat the subject's information with care. Even after the letter is submitted, the personal information you included about the subject deserves discretion. Do not share the contents casually or with people who do not have a legitimate reason to see them.

Understand that confidentiality is limited. Once your letter leaves your hands, your control over it diminishes significantly. The recipient (court, employer, agency) controls access from that point forward. Accept this reality and write accordingly.

Questions People Often Ask

Can I ask the court to keep my letter confidential? You can request it through the defense attorney, but the court is not obligated to seal individual character letters. Sealing is typically reserved for sensitive situations involving minors, victims, or classified information. For most adult criminal cases, character letters are part of the public record.

What if my employer finds out I wrote a character letter for someone involved in a criminal case? Your employer generally cannot take adverse action against you for writing a personal character letter on your own time. However, if you used company resources or company letterhead, or if the letter creates a conflict of interest, that could be different. Write personal letters on personal time and without company branding.

Can the other side in a court case see my character letter? Yes. In criminal cases, character letters submitted by the defense are typically available to the prosecution. In custody cases, both parties and their attorneys can usually access the materials submitted by the other side. Write with the understanding that people who may not be sympathetic to the person you are supporting will read your letter.

What if I included information I now regret sharing? Once a letter is submitted, you cannot retrieve it. If you are concerned about specific information in a submitted letter, discuss your concerns with the attorney. In some limited circumstances, a letter might be withdrawn or replaced, but this is not common and depends on the stage of the proceedings.

Is there a difference between confidentiality and privilege? Yes. Confidentiality is a broader concept that includes social norms, company policies, and general expectations of privacy. Privilege is a legal protection that prevents certain communications from being disclosed in legal proceedings. Character reference letters are generally not privileged, though the attorney's communications about the letter may be.

Getting Started

Understanding confidentiality helps you write a character reference letter with appropriate care. LetterLotus's questionnaire tool helps you organize your thoughts into a clear, well-structured letter while keeping the focus on relevant, appropriate information. For more on what our tool does and does not do, see our disclaimer page.