Expunge vs. Seal

Attribute	Expunge	Seal
Definition	To completely erase or remove records	To restrict access to records
Legal Effect	Erases records as if they never existed	Restricts access but does not erase records
Availability	Available in some jurisdictions	Available in most jurisdictions
Process	Requires a court order	Requires a court order
Eligibility	Varies by jurisdiction and offense	Varies by jurisdiction and offense
Public Access	Publicly inaccessible	Restricted access to certain parties
Record Visibility	Records are removed from public databases	Records are not removed but are sealed from public view
Employment	May not need to disclose expunged records	May need to disclose sealed records in certain circumstances
Effect on Background Checks	Expunged records generally do not appear	Sealed records may still appear in certain background checks

Introduction

When it comes to criminal records, individuals often seek ways to mitigate the impact of past convictions on their lives. Two common legal processes that can help in this regard are expungement and sealing. While both options aim to limit public access to criminal records, they differ in their scope and implications. In this article, we will explore the attributes of expungement and sealing, highlighting their similarities and differences, to provide a comprehensive understanding of these legal remedies.

Expungement

Expungement refers to the legal process of erasing or destroying criminal records, essentially treating them as if they never existed. When a record is expunged, it is removed from public view, including databases, court records, and background checks. Expungement offers individuals the opportunity to start afresh, as if the conviction never occurred.

One of the key attributes of expungement is that it allows individuals to legally deny the existence of the expunged conviction in most circumstances. This can be particularly beneficial when applying for jobs, housing, or loans, as it eliminates the need to disclose the expunged conviction.

However, it is important to note that expungement does not completely erase the conviction. In certain cases, law enforcement agencies, government entities, and specific employers may still have access to expunged records. Additionally, expunged convictions may still be considered for sentencing purposes if an individual is convicted of a subsequent offense.

Expungement is typically available for less serious offenses, such as misdemeanors or non-violent crimes, and eligibility criteria vary by jurisdiction. In some cases, a waiting period may be required before an individual becomes eligible for expungement. It is advisable to consult with an attorney to understand the specific requirements and procedures for expungement in a particular jurisdiction.

Sealing

Sealing, on the other hand, refers to the process of restricting public access to criminal records without completely erasing them. When a record is sealed, it remains in existence but is shielded from public view. Sealing provides a middle ground between complete erasure and full accessibility of criminal records.

Similar to expungement, sealing can help individuals avoid the negative consequences associated with a criminal record. It limits public access to the sealed record, making it less likely to be discovered during background checks conducted by employers, landlords, or other entities.

However, unlike expungement, sealing does not allow individuals to legally deny the existence of the sealed conviction in most cases. If asked directly, individuals may still be required to disclose the sealed conviction, particularly in certain professional licensing applications or when applying for positions of trust, such as working with vulnerable populations.

Sealing is often available for a broader range of offenses compared to expungement. While eligibility criteria may vary, it is more commonly offered for both misdemeanors and low-level felonies. Some jurisdictions may also allow sealing for certain types of offenses committed during adolescence, recognizing the potential for rehabilitation and growth.

Similarities

Despite their differences, expungement and sealing share several similarities in terms of their purpose and potential benefits. Both options aim to provide individuals with a fresh start by limiting public access to their criminal records. By doing so, they seek to reduce the negative impact of past convictions on an individual's personal and professional life.

Both expungement and sealing can enhance an individual's employment prospects. With a cleared or sealed record, individuals may have a better chance of securing job opportunities, as employers are less likely to discriminate based on past convictions. This can contribute to reducing recidivism rates and promoting successful reintegration into society.

Furthermore, both expungement and sealing can help individuals regain their privacy and protect their reputation. By preventing public access to their criminal records, individuals can avoid potential stigmatization and discrimination that may arise from the disclosure of past convictions.

Differences

While expungement and sealing share common goals, there are notable differences between the two processes. These differences primarily revolve around the extent of record removal and the level of disclosure required.

Expungement offers a more comprehensive remedy by erasing criminal records from public view. It allows individuals to legally deny the existence of the expunged conviction in most circumstances, providing a higher level of protection and privacy. Sealing, on the other hand, restricts public access to records but does not completely erase them. Individuals may still be required to disclose sealed convictions in certain situations.

Another significant difference lies in the eligibility criteria for expungement and sealing. Expungement is typically available for less serious offenses, such as misdemeanors or non-violent crimes, while sealing may extend to a broader range of offenses, including low-level felonies. Additionally, some jurisdictions may offer sealing options for offenses committed during adolescence, recognizing the potential for rehabilitation and growth during this developmental stage.

It is also important to consider the availability and procedures for expungement and sealing in different jurisdictions. The laws and regulations governing these processes can vary significantly from state to state or even within different counties. Consulting with an attorney familiar with the specific jurisdiction is crucial to understanding the eligibility requirements and navigating the legal procedures effectively.

Conclusion

Expungement and sealing are legal remedies that can help individuals mitigate the impact of past convictions on their lives. While both options aim to limit public access to criminal records, they differ in their scope and implications. Expungement offers a more comprehensive solution by erasing records and allowing individuals to legally deny the existence of the expunged conviction in most cases. Sealing, on the other hand, restricts public access to records without complete erasure, and individuals may still be required to disclose sealed convictions in certain situations.

Understanding the attributes of expungement and sealing is crucial for individuals seeking to navigate the legal system and make informed decisions about their criminal records. By exploring the similarities and differences between these processes, individuals can determine the most suitable option based on their specific circumstances and jurisdiction. Ultimately, both expungement and sealing provide valuable opportunities for individuals to move forward with their lives, free from the burdens of past convictions.