What is the difference between sealing and expunging a criminal record?

The difference between sealing and expunging a criminal record depends on whether you want the public to know about your criminal history or not. Typically, the public such as potential employers and landlords use your criminal records to make their decisions.

Expunging your record means eliminating the arrest or charges from your criminal record. In other words, the governmental agencies such as your local police department, county jail and clerk of courts who were involved in your arrest or information about your case must delete or destroy all records detailing your arrest. This means that you were never arrested or charged with the crime that’s being expunged. So, when you apply for a job or to rent an apartment and deny that you were ever arrested, charged or convicted of a crime you’re telling the truth. You are not legally bound to inform the about the crime because it’s been eliminated from your criminal record. Sealed records are generally filed away for a number of years.

Sealing criminal charges or arrest is different because you’re not requesting to eliminate anything from your criminal record. Instead, you want to seal records from public view. Therefore, your criminal record--without a court order--can’t be revealed to the public.

If you’re interested in expunging or sealing criminal charges, consult a lawyer specializing in criminal law. Either sealing or expunging criminal charges vary from state to state and depend on the charges. Therefore, a lawyer will evaluate your situation and find out which option is best for you.