Sealing vs. expungement: what each one does to your record

Why the two words get mixed up

“Expungement” and “sealing” are often used as if they mean the same thing, and in everyday conversation they roughly do: both are ways to stop an old arrest or conviction from following you around. Legally, though, they are different tools, and each state defines them in its own way.

Some states offer only one of them. Some use other names entirely, such as “set aside,” “vacate,” “nondisclosure,” “annulment” or “certificate of rehabilitation.” A set-aside, for example, may change how a conviction is described without hiding it at all. The label on the form matters less than what the law in your state says the order actually does.

So the most useful question is not “Which one do I want?” but “In my state, what relief is available for my kind of case, and who will still be able to see the record afterwards?” The rest of this guide explains the general difference so that question is easier to ask. The glossary covers related terms.

What expungement usually means

In states that use the word in its strongest sense, expungement means the record is destroyed or erased, or treated by law as if the arrest or conviction never happened. Court files, police records and state repository entries may be deleted or returned to the person.

In practice, “erased” is rarely absolute. Some agencies keep a non-public copy for limited purposes, such as deciding whether someone qualifies for a future expungement or for use by law enforcement. Private background check companies may also have copied the record before it was expunged, which is why people often follow up with them afterwards.

Because expungement is the stronger remedy, states that offer it often limit it to narrower situations, such as arrests that did not lead to a conviction, cases that were dismissed, certain juvenile matters or some lower-level offenses. Some states use “expungement” to mean something closer to sealing. Your state’s statute and the court’s instructions will say which kind of expungement you are dealing with.

What sealing usually means

Sealing usually means the record still exists, but access to it is restricted. The public, most private employers and most landlords can no longer see it through ordinary court or background searches. Courts, law enforcement and certain government agencies can often still see a sealed record, and some can use it for specific purposes.

Sealing is common for adult convictions in states that allow it, because it protects people in daily life while keeping the record available for limited official uses. A sealed record can sometimes be unsealed by a court order, for example if the person is charged with a new offense.

Say you have a sealed conviction and apply for an apartment. In many states, a standard tenant screening would not show it. If you later apply for a job that requires a fingerprint-based government check, the result may be different. The rules about who can see it, and when, come from your state’s law and the order itself.

Who may still see a sealed or expunged record

This is the part people most often misunderstand. Depending on your state, a sealed or expunged record may still be visible to:

• Courts and prosecutors, especially if there is a new case.
• Police and other law enforcement agencies.
• Some licensing boards, such as those for teaching, health care, law or security work.
• Employers who are required by law to run fingerprint-based checks, such as some government or child-care positions.
• Federal agencies, including immigration authorities, which may apply their own rules regardless of what a state court did.

Whether you must disclose a sealed or expunged matter on an application also depends on your state and on what the application asks. Some states let people answer as though the matter did not occur for many purposes, with exceptions. Reading the exact wording of the question, and of your order, matters.

If you are not a U.S. citizen, an immigration attorney is worth consulting before relying on any state relief.

What eligibility usually depends on

Each state sets its own eligibility rules, but the same factors come up again and again:

• How the case ended: no charges filed, dismissed, acquitted, diverted or convicted.
• The type and level of offense: many states exclude certain violent, sexual or traffic offenses, and treat misdemeanors and felonies differently.
• Waiting periods: a set amount of time after the case ended or the sentence was completed, without new convictions.
• Completing the sentence: probation finished, classes done, and fines, fees and restitution paid.
• Your overall record: some states limit how many matters can be sealed or expunged.
• Age at the time: juvenile records often have their own, separate process.

Waiting periods and exclusions vary widely, so they are worth checking against your state’s current law rather than a general article. Laws in this area change, and some states now seal certain records automatically.

How people usually apply

Many people handle a straightforward sealing or expungement themselves. The steps often look like this:

1. Get your full record. Request your state criminal history and the court records for each case, including case numbers and dispositions.
2. Confirm eligibility for each case using your state’s statute or the court’s self-help pages.
3. Find the right form and court. It is usually the court where the case was decided.
4. Complete and file the petition. There may be a filing fee or a way to ask for a fee waiver.
5. Serve or notify the prosecutor or other agencies if your state requires it.
6. Attend any hearing, if one is set. Some petitions are decided on paper.

A lawyer or legal aid office is worth talking to if you have a felony, several cases in different places, a prosecutor who objects, or immigration, firearm or professional license questions.

After the order is granted

Getting the order signed is not always the last step. Many people:

• Keep several certified copies of the order in a safe place.
• Wait a reasonable time, then check their state record to confirm it was updated.
• Contact major background check companies with a copy of the order if old information still appears.
• Note the date of the order in case they need to explain it later.

If a report still shows the record after it was sealed or expunged, consumer reporting laws generally give you a way to dispute inaccurate information with the company that issued it. Keeping a written log of who you contacted and when makes that easier. For more on records, see dealing with an old record.