Expungement vs. Record Sealing: Clearing Your Record and Understanding Its Limitations

If you have a criminal record, you may feel like your past mistakes are holding you back in both personal and professional aspects of life. Fortunately, there are legal options available to help minimize the impact of a criminal record: expungement and record sealing. While both options can offer relief, they serve different purposes and have distinct limitations. Here’s what you need to know about clearing your record and determining which option might be right for you.

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What is Expungement?

Expungement is a legal process that allows for the complete removal of a criminal record. Once expunged, the record is effectively erased, and it’s as if the alleged offense never occurred. In most cases, you can legally deny the existence of the record when asked on job applications, housing forms, or other background checks.

Benefits of Expungement

• Complete Erasure: The record is deleted from public databases, including court and law enforcement records.  However, if you received Pre-Trial Intevention (PTI) you may have a condition in your PTI agreement that allows the respective district attorney’s office to keep a non-public record that they made you a PTI offer.
• Restored Opportunities: Expungement can make it easier to find employment, secure housing, or apply for loans.
• Peace of Mind: Knowing your record is permanently cleared can provide emotional relief and a fresh start.

Limitations of Expungement

• Eligibility Requirements: Not all offenses qualify for expungement. 
• Time Frame: Expungement is often only available after a set period of time has passed since the completion of your sentence, probation, or parole.
• Process Complexity: The process can involve multiple steps, including filing petitions, attending hearings, and meeting specific legal requirements.

What is Record Sealing?

Record sealing limits access to your criminal record rather than erasing it completely. The record still exists but is no longer visible to the general public, such as private company employers or landlords. However, certain entities, like law enforcement and government agencies, may still have access to sealed records.

Benefits of Record Sealing

• Restricted Access: Sealing prevents most many entities from viewing the record during background checks.
• Improved Privacy: While not completely erased, sealing helps shield your record from public scrutiny.
• Wider Eligibility: In some states, sealing is available for a broader range of offenses compared to expungement.

Limitations of Record Sealing

• Not Invisible: Sealed records can still be accessed by law enforcement, courts, and some government agencies.
• Limited Denial Rights: In some cases, you may still need to disclose the sealed record under specific circumstances, such as applying for certain professional licenses.
• State Variations: The rules for record sealing differ significantly by state, including what offenses qualify and who can access the sealed record.

Key Differences Between Expungement and Record Sealing

Aspect	Expungement	Record Sealing
Effect on Record	Permanently erases the record	Restricts access to the record
Who Can See It	No one (with rare exceptions)	Limited entities (e.g., law enforcement)
Eligibility	More limited	Broader eligibility
Availability	limited to generally dismissals of some cases, not guilty verdict, or completion of PTI	May include a wider range of cases

Which Option is Right for You?

Choosing between expungement and record sealing depends on several factors:

• Type of Offense: Certain offenses may only qualify for sealing, not expungement.
• Your Goals: If complete removal isn’t possible, sealing can still protect your privacy.
• State Laws: Each state has its own rules for expungement and sealing. For example, Texas allows for record sealing through an Order of Nondisclosure for certain cases but has strict limitations on expungement.

The Process of Clearing Your Record

1. Consult an Attorney

An experienced criminal defense attorney can review your case to determine your eligibility for expungement or record sealing. They will:

• Explain your options and the benefits of each.
• Help you navigate complex legal requirements.
• Represent you during court hearings, if necessary.

2. File a Petition

If eligible, your attorney will help you file the required petition with the appropriate court. This process involves:

• Providing evidence of your eligibility.
• Submitting supporting documents, such as proof of completed probation, not gulty verdict, or dismissal of charges.

3. Attend a Hearing

In some cases, a court hearing is required to determine whether your petition will be granted. Your attorney can advocate on your behalf, presenting your case to the judge.

4. Receive a Decision

If approved, the court will issue an order to expunge or seal your record. It may take several weeks or months for the changes to take effect in public databases.

Understanding the Limitations

While expungement and record sealing can provide significant relief, it’s important to understand their limitations:

• Not All Records Qualify: Serious crimes may remain permanently accessible.
• Federal Records: Expungement and sealing typically apply to state-level offenses. Federal crimes are subject to different rules.
• Public Knowledge: If your case received media attention, expungement or sealing may not erase its presence online or in print.

Conclusion

Expungement and record sealing offer valuable pathways to a fresh start, allowing you to move forward without the constant burden of a criminal record. By understanding the differences between these options and working with a knowledgeable attorney, you can take the necessary steps to protect your future.