What is the Difference between Expunged and Sealed?

Introduction

When it comes to criminal records, two commonly used terms are expunged and sealed. While these terms may seem similar, they have distinct differences in terms of their legal implications and outcomes. Understanding the difference between expunged and sealed records is crucial for anyone who has been involved in the criminal justice system. In this article, we will explore what expunged and sealed records mean, their differences, and how they can impact an individual’s future.

Expunged Records

Expungement is the legal process of erasing or removing a criminal record from public view. Once a record is expunged, it is as if the criminal offense never occurred. The record is completely eliminated from public databases, and in most cases, the individual can legally deny their involvement in the offense. Expunged records are typically only available to law enforcement and certain government agencies.

Expungement is often granted for first-time offenders or individuals who have committed minor offenses. The purpose of expungement is to give individuals a fresh start, allowing them to move forward without the burden of a criminal record affecting their personal and professional lives.

It is important to note that the process and eligibility for expungement vary among jurisdictions. Some states have specific criteria, such as a waiting period or restrictions on the types of offenses that can be expunged. Additionally, certain offenses, such as serious felonies, may not be eligible for expungement.

Sealed Records

Unlike expungement, sealing a criminal record does not erase or eliminate it entirely. Instead, a sealed record remains in existence but is restricted from public access. Sealing a record means that it is placed under a layer of protection, preventing the general public from viewing or accessing the details of the offense.

Sealing is often granted for individuals who have completed their sentences or those who have demonstrated rehabilitation and are unlikely to reoffend. The purpose of sealing a record is to provide individuals with a chance to reintegrate into society without the stigma associated with a criminal conviction. Sealed records may still be accessible to certain parties, such as law enforcement, government agencies, and in some cases, employers conducting background checks.

Similar to expungement, the eligibility and process for sealing records vary depending on the jurisdiction and the nature of the offense. Some states have specific waiting periods or requirements that must be met before a record can be sealed. Certain serious offenses may not be eligible for sealing.

Differences between Expunged and Sealed Records

While both expunged and sealed records offer individuals the opportunity to put their past behind them, there are several key differences between the two:

1. Visibility: Expunged records are completely erased from public view, whereas sealed records remain in existence but are restricted from public access.

2. Legal Deniability: With an expunged record, an individual can legally deny their involvement in the offense. However, with a sealed record, the existence of the offense is still acknowledged.

3. Access: Expunged records are typically only accessible to law enforcement and certain government agencies, whereas sealed records may still be accessible to specific entities, such as employers conducting background checks.

4. Impact on Future Opportunities: While both expunged and sealed records aim to provide individuals with a fresh start, expungement generally offers more comprehensive relief. With an expunged record, an individual may not need to disclose their criminal history in certain circumstances, such as job applications or housing applications. Sealed records, on the other hand, may still require disclosure in certain situations.

Conclusion

In summary, the difference between expunged and sealed records lies primarily in their visibility and accessibility. Expunged records are completely erased from public databases, allowing individuals to legally deny their involvement in the offense. Sealed records, on the other hand, remain in existence but are restricted from public access. Both expunged and sealed records aim to provide individuals with a second chance by reducing the impact of a criminal record on their future opportunities.

Frequently Asked Questions (FAQs)

1. Can all criminal offenses be expunged or sealed?

Not all criminal offenses are eligible for expungement or sealing. The eligibility criteria vary among jurisdictions, and certain serious offenses may not qualify for these processes.

2. How long does the expungement or sealing process take?

The length of the expungement or sealing process can vary depending on the jurisdiction and the complexity of the case. It can range from a few months to over a year.

3. Will expungement or sealing remove the record from private background check companies?

Expungement or sealing generally removes the record from public databases, but it may not automatically remove it from private background check companies. It is advisable to contact these companies directly to understand their policies.

4. Can expunged or sealed records be accessed by immigration authorities?

Expunged or sealed records may still be accessible to immigration authorities during certain immigration processes, such as visa applications or naturalization. It is essential to consult with an immigration attorney to understand the impact of expungement or sealing on immigration matters.

5. Can expunged or sealed records be reopened in the future?

In some cases, expunged or sealed records can be reopened if certain conditions are met, such as committing another offense. However, this depends on the specific laws and regulations of the jurisdiction.