What is the Difference Between Sealed and Expunged?

Introduction

When it comes to criminal records, there are two terms that often come up: sealed and expunged. These terms refer to the legal process of making a criminal record inaccessible or removing it completely. While both sealed and expunged records have similar outcomes, there are important differences between the two. In this article, we will explore the definitions, processes, and implications of sealing and expunging criminal records.

Sealed Records

A sealed record is one that is not available for public access. When a record is sealed, it means that it exists but is hidden from public view. The information within a sealed record is typically only accessible to certain individuals or government agencies with specific permission. Sealing a record is often done to protect the privacy of individuals who have been arrested or charged with a crime but were not convicted.

The process of sealing a record varies depending on the jurisdiction and the type of offense. Generally, it involves filing a petition with the court and providing evidence that demonstrates eligibility for sealing. If the court approves the petition, the record is sealed, and access to it is restricted.

Expunged Records

Unlike sealed records, expunged records are completely erased or destroyed. When a record is expunged, it is as if the arrest or conviction never occurred. Expungement provides individuals with the opportunity to start fresh, free from the stigma and disadvantages associated with a criminal record.

The process of expungement also varies depending on the jurisdiction and the type of offense. Typically, it involves filing a petition with the court and providing evidence of eligibility. If the petition is granted, the record is permanently destroyed, and all related documents are removed from public record.

Differences Between Sealed and Expunged Records

While both sealed and expunged records offer some level of privacy and protection, there are significant differences between the two:

1. Accessibility: Sealed records are hidden from public view but may still be accessible to certain individuals or government agencies. Expunged records, on the other hand, are completely removed from public records and are typically inaccessible to anyone.

2. Impact on Employment: Sealed records may still appear in background checks conducted by employers, while expunged records should not show up. Expungement can provide individuals with better employment opportunities.

3. Legal Effect: Sealing a record does not remove the fact that an arrest or conviction occurred, while expungement erases all traces of the offense, as if it never happened. Expungement provides a greater level of legal relief.

4. Disclosure Requirements: In some cases, individuals with sealed records may be required to disclose their criminal history, depending on the nature of the offense and the specific circumstances. However, individuals with expunged records generally do not have to disclose their past criminal activities.

5. Eligibility: The eligibility criteria for sealing and expunging records vary by jurisdiction. Some offenses may be eligible for sealing but not expungement, while others may qualify for both. It is important to consult with legal professionals to understand the specific requirements in your jurisdiction.

Conclusion

Sealing and expunging criminal records serve the purpose of protecting individuals from the negative consequences of having a criminal history. While sealed records are hidden from public access, expunged records are completely erased. Expungement provides individuals with a fresh start, free from the burden of a criminal record. Understanding the differences between sealing and expungement can help individuals navigate the complex legal processes and make informed decisions about their criminal records.

Frequently Asked Questions (FAQs)

Q1: How long does it take to seal or expunge a criminal record?

A1: The time it takes to seal or expunge a criminal record varies depending on the jurisdiction, the type of offense, and the backlog of cases in the court system. It can take several months to process the request.

Q2: Can sealed or expunged records be accessed by law enforcement?

A2: In most cases, sealed and expunged records are not available for routine background checks conducted by law enforcement. However, there may be exceptions for certain law enforcement agencies or specific circumstances.

Q3: Can sealed or expunged records be used in court proceedings?

A3: Sealed and expunged records are generally not admissible as evidence in court proceedings. However, there may be exceptions where the information is relevant to the case or required by law.

Q4: Can sealed or expunged records be reopened?

A4: Sealed records can sometimes be unsealed in exceptional cases, such as when there is a court order or a compelling reason. Expunged records, on the other hand, are typically permanent and cannot be reopened.

Q5: Can sealing or expunging a record guarantee job or housing opportunities?

A5: While sealing or expunging a record can improve job and housing prospects, it does not guarantee opportunities. Employers and landlords may still consider other factors when making their decisions. However, having a sealed or expunged record can significantly improve the chances of success in these areas.