What is the Difference Between Expunge and Seal?
🆚 Go to Comparative Table 🆚The main difference between expunging and sealing a criminal record is that expungement results in the deletion of any record that an arrest or criminal charge ever occurred, while a sealed record remains in both a legal and physical sense but is hidden from public view. Here are the key differences between the two:
- Expungement: This process removes the criminal file from the public record entirely. It is typically available for criminal cases that were dismissed or resulted in some form of deferred disposition and rarely for cases that ended in conviction. Expungement is a more comprehensive solution, as it completely clears the record, including any evidence of arrest or charges.
- Sealing: This process hides the record from public view, making it confidential but not destroyed. It is standard procedure to seal records of juvenile criminal proceedings and other criminal cases involving juveniles, but these records are still accessible with a court order. Sealed records are not shown in publicly accessible databases, but certain entities, such as law enforcement agencies and some employers, may still access them.
In summary, expungement is more forgiving and results in the complete deletion of any evidence of the arrest or charge, while sealing merely hides the record from public view. Eligibility for expungement or sealing varies depending on the specific circumstances of the case, as well as the state in which the offense occurred.
Comparative Table: Expunge vs Seal
Here is a table comparing the differences between expunging and sealing criminal records:
| Expunging | Sealing |
|---|---|
| Destroys all evidence of the case, including the arrest and conviction | Hides the arrest or conviction from public view, but the record still exists |
| The file is physically destroyed | The record remains in the system but is not easily accessible by the public |
| Allows the person to legally deny the arrest or conviction ever occurred, essentially clearing their criminal record | The arrest or conviction appears to have been cleared, but it may still be accessed by certain government agencies or for specific legal purposes |
| Eligibility usually requires serving the entirety of the sentence for the original offense and waiting a specific period following a conviction | Eligibility for sealing may not require a conviction and may only involve an arrest |
| Expungement cannot offer a complete defense against the negative effects of a criminal history, but it does erase the arrest or conviction from the person's record | Sealing cannot provide the same level of protection as expungement, but it can helplimit the accessibility of the record to the public |
In summary, expunging a criminal record destroys all evidence of the case, including the arrest and conviction, while sealing a record hides the arrest or conviction from public view but keeps the record in the system. Expungement provides a greater level of protection for the individual, allowing them to legally deny the arrest or conviction ever occurred, whereas sealing offers a lesser level of protection by limiting the accessibility of the record.
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