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March 05, 2025
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Expungement vs. Record Sealing: What’s the Difference?
When facing the consequences of a criminal conviction, it’s natural to wonder how to clear your record. Two legal remedies often considered are expungement and sealing of criminal records. While these terms are sometimes used interchangeably, they have distinct differences in process, eligibility, and impact on your future. Understanding the difference between expungement vs. record sealing: what’s the difference? can help you determine which option is best for your situation.
This guide will explain what it means to have records expunged or sealed records, who qualifies for each process, and how they affect your ability to find employment, pursue education, or move on with your life.
What is Expungement?
Expungement refers to the complete removal of certain records from public access. When a record is expunged, it is as if the incident never occurred. This can apply to arrest records, criminal charges, and even certain criminal convictions under specific circumstances. Once the expungement process is complete, the general public, employers, and even most government agencies can no longer see the expunged record.
However, not all records are eligible for expungement. To qualify, the person seeking expungement must meet specific criteria, including successfully completing any required court orders and ensuring they have not been adjudicated guilty of the offense. Unlike sealing, expungement provides a higher level of privacy, as it erases the record from most public and private databases.
What is Record Sealing?
Record sealing is a process that limits access to criminal records. When a record is sealed, it is hidden from public view, but it still exists. Certain agencies, like law enforcement agencies and some government agencies, may still access sealed records under specific circumstances. This is different from expungement, where the record is entirely removed.
For example, while a sealed criminal record is not visible to employers during background checks, it can still be seen by law enforcement, the court clerk, and criminal justice agencies. This can have significant implications for employment in fields like child care facilities or health care administration, where access to sealed records may be legally required.
Key Differences Between Expungement and Record Sealing
| Factor | Expungement | Record Sealing |
| Record Status | Completely removed from most records | Hidden but still accessible to certain agencies |
| Access by Law Enforcement | No (except under certain conditions) | Yes (available to law enforcement agencies) |
| Access by Employers | No (not seen on background checks) | No (but certain employers may have access) |
| Court Involvement | Requires a court order | Requires a court order |
| Eligibility | More limited eligibility | Broader eligibility for sealing |
| Public View | Not available to the public | Not available to the public |
The main difference is that sealed records are hidden, while expunged records are completely removed from the system. In both cases, the process begins with filing a petition with the court, but the outcome differs in how the records are treated.
How Does the Expungement Process Work?
The expungement process involves several steps, starting with determining eligibility. To be eligible for expungement, the person must meet specific conditions, such as avoiding a conviction or having the charges dropped. The next step involves filing a petition with the court, which includes submitting necessary forms, supporting documentation, and paying a filing fee.
Once the petition is submitted, the judge reviews the case and makes a final decision. If approved, the court will issue a court order to expunge the record. Afterward, government agencies, law enforcement, and certain employers will no longer have access to the record.
How Does the Record Sealing Process Work?
Similar to expungement, the sealing of criminal records requires a petition to be filed with the court. This petition outlines the details of the criminal case and explains why the person is seeking to seal the record. If the judge grants the request, the record is officially sealed.
Unlike expungement, sealed records are not erased. They are simply hidden from public access, meaning the general public, potential employers, and private entities cannot see the record. However, certain agencies, including law enforcement, government agencies, and specific licensing boards, can still access sealed criminal records.
How Expungement and Sealing Affect Employment
Both expungement and sealing can have a significant impact on employment opportunities. For individuals with a criminal conviction, seeking employment can be difficult if the record is publicly accessible. Expungement offers the most protection, as it completely removes the record, allowing applicants to legally state that they have no criminal record.
With record sealing, the criminal record is hidden from public view, but access is still possible for certain employers, especially in industries like health care administration, child care facilities, and positions requiring government security clearances. For those pursuing jobs where a background check is common, sealing a record can still make a positive difference in the hiring process.
Who is Eligible for Expungement or Sealing?
Not everyone is eligible to have their records expunged or sealed. The eligibility depends on the type of criminal case, the disposition of the case, and the specific laws in the state where the case was handled.
In many cases, individuals with juvenile convictions may be eligible for record sealing or expungement through the juvenile justice system. People who were not adjudicated guilty may also have the chance to seal their records, while those who received a withhold adjudication ruling may still be able to request the sealing of their record.
Why Should You Seek Expungement or Record Sealing?
Clearing your record through expungement or sealing can have lasting benefits for your future. Whether you are seeking employment, applying for housing, or looking to rebuild your life after a criminal charge, having a clean record can make the process easier. Employers are less likely to deny you a job if they do not have access to your arrest record or criminal case history.
When the court grants an expungement or sealing, you regain control over your narrative. You will no longer have to worry about background checks exposing your criminal history. This gives you the freedom to answer “no” when asked if you have ever been convicted of a crime on a job application.
What Role Do Courts and Judges Play in This Process?
The role of the court and judge is essential to both expungement and sealing cases. A petition must be submitted to the court to request either process. The judge reviews the request, considers eligibility, and ultimately makes the final decision. If approved, the court clerk will update the records accordingly, and access to the information will be limited or eliminated.
In many cases, a person seeking expungement or record sealing will benefit from hiring an attorney who understands how to practice law and navigate the court system. An attorney can guide you through the process, ensure that all paperwork is filed correctly, and advocate for your best interests.
How Can an Attorney Help You With Expungement or Record Sealing?
An attorney experienced in expungement and sealing can evaluate your case and advise you on the best path forward. They can assess your eligibility, prepare and file your petition, and represent you in court. Since legal procedures can be complex, having an attorney on your side increases your chance of success.
If you are unsure whether your case qualifies for expungement or sealing, schedule a free consultation to discuss your situation. An experienced lawyer can help you understand your legal rights and guide you through every step of the process.
Take Control of Your Future Today
If you are interested in learning more about expungement and sealing, call Chicago Trusted Attorneys at (312) 931-5411 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and peace of mind.
FAQ About Expungement and Record Sealing
1. What’s the difference between expungement and record sealing?
Expungement removes the record from existence, while record sealing hides the record from public access but allows law enforcement and government agencies to view it.
2. How do I know if I’m eligible for expungement or sealing?
Eligibility depends on the type of case, the outcome of the case, and the laws of your state. Contact a lawyer to assess your eligibility.
3. Can employers access sealed records?
No, employers cannot access sealed records unless they are in certain fields like health care, child care, or jobs requiring security clearances.
4. How long does the process take?
The process of expungement or sealing can take several months, depending on court schedules and the complexity of the case.
5. Do I need a lawyer to file for expungement or sealing?
While it’s possible to file on your own, having an attorney increases your chance of success and ensures that you meet all legal requirements.