Expungement vs. Sealing: What’s the Difference—and Why It Matters

It can be challenging and overwhelming trying to navigate the process of clearing your criminal record.

One in three American adults, about 78 million people, have some form of criminal record. This figure is more than the total American population at the beginning of the 20th century. For persons affected, a minor arrest or conviction can become a lifelong barrier to stable employment, safe housing, and obtaining the professional license needed to move forward. 

Today, because of criminal convictions, millions of Americans face hurdles when applying for jobs, as they are screened out when the employer conducts a criminal history check. Similarly, these people cannot obtain professional licenses in fields like nursing, cosmetology, or trucking due to restrictions on persons with a criminal record. Even landlords deny rental applications based on convictions. 

To this end, it is crucial to understand the difference between sealing vs. expungement of criminal records. Sealing locks up the criminal record, hiding it from the public, but the record still exists. Expungement, on the other hand, is wiping off your record, like a clean slate, as though the offense never happened. 

Choosing the right remedy for your criminal record can make the difference in regaining your privacy and getting your life in order. Because the eligibility rules vary by state, understanding local statutes is essential for anyone seeking a fresh start.

Definitions & Differences

Expungement and sealing are different legal processes for limiting access to criminal records. Understanding the distinction between the two options is crucial to anyone trying to hide their criminal past.

What is expungement? 

Expungement directs a court to erase or remove a conviction completely as though it never occurred. Expungement instructs the courts, law enforcement agencies, and public records repositories to destroy the criminal record so it no longer appears on background checks or public databases. 

You can think of expungement as a chalkboard wiped clean or deleting a file from a computer. All traces of the record are gone. The public, employers, landlords, and most government agencies can’t see the record anymore.

At the federal level, true expungement of criminal records is unavailable. Congress has yet to enact a statutory expungement process for federal charges. Instead, relief for federal criminal offenses comes almost exclusively through a presidential pardon, restoring the individual’s rights but not erasing the conviction record itself.

What is sealing? 

Sealing only hides the criminal record from the public. It does not destroy the record. Sealing criminal records blocks access and hides them from the general public and most background checks. However, the records still exist in official files, and law enforcement agencies, courts, immigration agencies, and some licensing bodies can still access the information, especially if the individual commits a new offense.

Sealing criminal records merely changes their status from public to confidential. Legally, you may still need to disclose it, especially when applying for government jobs or obtaining a professional license. 

Key Differences 

• Scope of Erasure vs. Concealment: Expungement removes all traces of a conviction from public and private records, treating it as though it never happened. Sealing conceals the record from most civilian background checks but maintains it for government and law enforcement purposes.
• Legal Effect: After expungement, individuals can deny the conviction under oath unless in government applications. With a sealed record, you must acknowledge the conviction if directly asked, even though it won’t show up in most public searches.
• Eligibility and Process: The criteria to have your records expunged are often stricter, requiring lengthier waiting periods and no new offense, whereas sealing may be available sooner for a broader set of convictions

Expungement vs. sealing are two distinct legal processes used interchangeably by some states, but they are different. In Minnesota, statutory language refers to judicial “sealings” and “expungements” interchangeably, effectively granting the same relief under either term.  In reality, while the state calls it expungement, the records are only sealed, not destroyed.

Before California’s reform in 2023, the state permitted individuals convicted of felonies to petition for expungement, which is supposed to result in the dismissal of the conviction. However, the records were sealed rather than destroyed. State agencies and employers could still view and access the record. However, current state laws now allow for true sealing of criminal records.

Who Qualifies?

For millions of Americans with criminal records, expungement or sealing offers a chance at a clean slate to rebuild their lives. However, it can be tricky, especially as the law varies by state and offense type. Here is a breakdown of who may qualify, the differences in qualifying offenses, and how juvenile records are treated differently.

General Eligibility Criteria

Most states share a baseline requirement for expunging or sealing criminal records.

• No Active or New Charges: To qualify for either expungement or sealing, most states require that you have no pending charges and not have been convicted of any new offense since the record you wish to clear. 
• Completion of Sentencing Terms: Courts across all jurisdictions require full compliance with sentencing terms, including payment of fines and restitution, completion of community service, and conclusion of probation or parole, before they can consider a record-clearing petition. 
• Waiting Periods: Statutory waiting periods differ by state and offense severity. Most states impose a minimum waiting period of 2-5 years before felonies become eligible for expungement or sealing. Misdemeanors have a shorter waiting period, between 1-3 years. 

Differences in Qualifying Offenses

The determinant of whether a record may be sealed or expunged has a lot to do with the type of offense. 

• Misdemeanors vs. Felonies: Misdemeanors are more eligible for expungement and sealing across most states. Many states permit automatic or discretionary relief for nonviolent misdemeanors and first-time offenders after short waiting periods. Felonies face stricter limits. It has longer waiting periods and more detailed eligibility criteria. In some cases, serious felonies, such as murder, are excluded from expungement or sealing.
• Violent and Sexual Offenses: The courts rarely exclude violent felonies and sexual offenses from expungement or sealing. In most cases, this sort of offense is listed as ineligible for dismissal under the state code.
• Drugs and DUI Offenses: Drug-related convictions may or may not be eligible for expungement or sealing. Generally, nonviolent drug possession may be eligible for sealing or expunging, but serious controlled substance trafficking convictions are excluded. DUI offenses require a longer waiting period or may be excluded entirely from sealing or expungement, depending on the state.

Juvenile Records

Most states grant minors the opportunity to move past their mistakes. States like New York and Colorado automatically seal or expunge juvenile records once the individual reaches adulthood. Some states have lower eligibility bars for juvenile offenders and may waive the waiting period or ignore first-time offenses. 

State-by-State Comparison Snapshot 

There is no one-size-fits-all when clearing your criminal record. Some states prioritize second chances, while others are restrictive, making it almost impossible to clear your record. 

Most Accessible States

The following states lead the way in expunging and sealing reforms. They offer broader eligibility and simpler processes to get your criminal records expunged or sealed:

• California: Automatic sealing of millions of old misdemeanors and certain felonies under the Clean Slate law, with over 11 million cases shielded recently. Most misdemeanor offenses and non-violent felonies are eligible for expungement. Cannabis convictions and many low-level offenses are automatically expunged or sealed without applying. The state has a wait time of 1-4 post-conviction.
• Michigan: Michigan Clean Slate Law allows for up to 3 felony expungements. No application is required to expunge marijuana convictions and non-violent felonies. Felony convictions require court approval. There is a wait time of 3-7 years post-conviction. 
• Pennsylvania: Its Clean Slate law automatically seals summary convictions after 5 years, misdemeanors after 7 years, and felonies after 10 years, provided no new crime is committed. Arrests without convictions are sealed after 60 days.
• Utah: Most non-violent misdemeanors are automatically expunged after 5-7 years. The wait time post-conviction is 3-7 years. Most misdemeanor offenses qualify for expungement.

Most Restrictive States

These states limit opportunities for clearing your criminal record. They tend to prioritize punishment over rehabilitation.

• New York: There is no provision to expunge criminal records in New York. Only sealing through a petition is permitted, with proof of rehabilitation. There is a strict limit on the number of convictions qualifying for sealing. The state has a 10-year wait period before most offenses qualify for sealing.
• Texas: Expungement is available only for dismissed charges, not convictions. Sealing is limited to minor misdemeanors after 2-5 years. 
• Florida: The state does not provide automatic sealing or expunging for criminal records, misdemeanors, or felonies. DUIs and violent crimes cannot be sealed or expunged, and there is a 10-year wait period before felonies can be sealed. 
• Alabama: There is no automatic provision to seal or expunge criminal records. Petitioners must file detailed expungement forms and serve all relevant agencies. In addition, all felony convictions cannot be expunged, while misdemeanor convictions require court approval.

Automatic vs. Petition-Based Systems

States fall into two categories: those that clear records automatically and those that require you to fight for the clearance.

• Automatic Expungement/Sealing States: Some states have statutory provisions for the automatic sealing or expunging of adult criminal records. The state reviews records periodically and clears eligible cases without your input. Examples include Pennsylvania, Utah, Colorado, Connecticut, Delaware, New Jersey, Michigan, California, and Minnesota. 
• Petition-Based States: States without automatic statutes rely on individuals to initiate relief. This usually involves hiring legal representation, filing a petition, paying fees, and navigating court hearings. Petition-based states include New York, Georgia, Arizona, Ohio, Texas, Florida, and Alabama.

Practical Implications

Clearing your criminal record through expungement or sealing can feel like a fresh start, but it is essential to understand the real-world impact. 

When Sealed/Expunged Records Must Still be Disclosed

Even when a record is sealed or expunged, it isn’t erased for all purposes.

• Firearms: Individuals convicted of a qualifying offense remain prohibited from shipping, transporting, possessing, or receiving firearms. A restoration via expungement does not automatically lift the federal firearms restrictions. Persons applying for firearms must disclose it on the application form even though the record has been expunged or sealed.
• Law Enforcement: A sealed or expunged criminal record is not erased from law enforcement databases or court archives. This means even with routine police checks and criminal investigations, you still have to disclose your sealed or expunged record.
• Licensing: State licensing bodies, especially those in education, healthcare, and finance, require you to disclose all criminal convictions, whether the records have been sealed or expunged. 

Employers, Landlords, and Background Checks

If your records are cleared, you can answer “no” to criminal history questions during background checks. The record is hidden from the public, and employers cannot see it during routine background checks. However, if the position is for federal agencies or professions, such as healthcare, deeper security checks are run and will discover the sealed or expunged records. Similarly, most landlords use consumer-grade checks to run criminal background checks. Sealed or expunged convictions would not appear for standard screening reports.

Long-Term Benefits

Clearing your record goes beyond hiding your past. It’s about increasing your opportunity, reducing stigma, and opening future doors through

• Jobs: Your risk of automatic disqualification reduces significantly when you clear your criminal convictions, opening up your ability to secure a job and regain financial stability.
• Education and Loan: You can access funds to further your education if you do not have a criminal record.
• Housing: Most landlords reject applicants with criminal records. By sealing or expunging your record, you increase your chances of securing good housing.
• Reduces Recidivism: The economic pressure that can lead to reoffense is avoided, as clearing your record removes the barriers to securing employment and housing.
• Mental Health: The stigma of a criminal record has psychological implications, including social exclusion, low self-esteem, and shame, weighing down your mental health. Securing a fresh start can restore confidence and improve your self-esteem.

Getting Help

It can be challenging and overwhelming trying to navigate the process of clearing your criminal record. Whether you’re eligible for expungement, sealing, or other relief, it is essential to understand your options so you can get the right assistance. 

Work with a skilled criminal defense attorney. They understand the nuances of the law, which varies by state. Attorneys understand local rules and eligibility to help your case. Lawyers can handle complicated cases, from multiple to out-of-state convictions, and can help you get your conviction cleared. In states that require hearings, lawyers can craft arguments and gather evidence to get the record cleared. 

However, if you cannot afford a lawyer, there are tools and programs to help you navigate the process.

• Nonprofit Legal Aid Organizations: Such as National Expungement Works, host free clinics nationwide to help with your paperwork and filing. The Legal Service Corporation 
• Online Self-Help Tools: Expungement Generator is a free online tool to draft petitions for selected states. The Clean Slate Initiative provides state-specific guides and eligibility checkers.
• State-Specific Programs: California offers free legal clinics through the Clean Slate Project. TexasLawHelp.org offers free legal information and referrals for Texans seeking expungement.