Both record sealing and expungement limit access to criminal records, but they're legally distinct processes with different effects. Understanding the difference helps you know what protection you're actually getting and which option is available in your situation.
Expungement Explained
Expungement legally destroys or erases a criminal record. Once expunged, the record is treated as if it never existed. With a true expungement, you can legally deny the arrest or conviction ever occurred on most job applications, housing applications, and similar inquiries.
Expunged records are typically deleted from law enforcement databases or physically destroyed. Courts destroy the case file or return it to the defendant. The arrest and court records effectively cease to exist in any accessible form.
However, some agencies may retain expunged records for limited purposes. Federal agencies like the FBI may keep records even after state expungement. Expunged records may still appear in old background check databases that haven't been updated, though employers shouldn't consider them.
Record Sealing Explained
Record sealing hides records from public view but doesn't destroy them. Sealed records still exist and remain accessible to certain government agencies, courts, and sometimes licensing boards. Sealing provides privacy from the general public while maintaining records for official purposes.
With sealed records, standard background checks won't reveal the conviction. You can typically answer "no" to questions about criminal history on employment or housing applications. However, the records can be unsealed by court order if needed for future proceedings.
Key Differences
Existence of records: Expunged records are destroyed; sealed records are hidden but preserved. Access: Expunged records generally aren't accessible to anyone; sealed records are accessible to specified government agencies. Reversibility: Expungement is typically permanent; sealing can potentially be reversed.
In practice, the protections are similar for most purposes—both prevent standard employers and landlords from seeing your criminal history. The differences matter most for government employment, professional licensing, and future criminal proceedings.
Who Can Still See Records
Even sealed or expunged records may be visible to law enforcement agencies during investigations, courts if you're charged with new crimes, some professional licensing boards (especially for lawyers, doctors, and teachers), government employers for security-sensitive positions, and immigration authorities.
If you're applying for jobs requiring security clearances or professional licenses in regulated fields, you may need to disclose sealed records despite their non-public status. Licensing applications often specifically ask about sealed or expunged records.
Which States Use Which Terms
States use these terms differently, and some use them interchangeably. What one state calls "expungement" another might call "sealing." Focus on what the remedy actually does in your state rather than the label.
Some states offer both options for different circumstances—expungement for less serious offenses or acquittals, sealing for convictions that can't be expunged. Others only offer one form of record relief.
Eligibility Differences
Expungement is typically available for less serious offenses—misdemeanors, juvenile records, arrests without conviction, and dismissed cases. Violent felonies and sex offenses are rarely expungeable.
Record sealing may be available for a broader range of offenses, including some felonies that can't be expunged. Sealing is often available sooner after completing a sentence than expungement.
Effect on Background Checks
Both sealed and expunged records should not appear on standard commercial background checks. However, outdated databases and negligent background check companies sometimes report sealed or expunged records. If this happens, you may have claims under the Fair Credit Reporting Act.
Employers are generally prohibited from considering sealed or expunged records in hiring decisions. If you're denied employment based on a sealed record, consult an attorney about potential remedies.
The Process
Both sealing and expungement require filing petitions with the court. You must typically meet waiting periods after completing your sentence, demonstrate rehabilitation, and pay filing fees. Some jurisdictions hold hearings; others decide based on written submissions.
Prosecutors may object to your petition, requiring you to argue why relief should be granted. Having an attorney present your case improves success rates.
Getting Legal Help
An expungement attorney can determine which relief is available for your specific conviction, navigate the petition process, and advocate for you if the prosecutor objects. Many offer affordable flat fees given the straightforward nature of most cases.