What is the difference between expungement and sealing arrest and related records in the USA?

Question from Sammy, What is the difference between expungement and sealing arrest and related records in the USA?

Answer from AI:

In the United States, both expungement and sealing of arrest and related records are legal processes that limit the visibility of a person’s criminal history. However, they are not the same and have different implications.

What is Expungement?

Expungement is a legal process that effectively erases a criminal record as if it never existed. When a record is expunged, it is removed from public databases and cannot be accessed by the public, including potential employers or landlords.

However, expunged records may still be accessible to certain government agencies under specific circumstances. For example, if you apply for a job that requires a government security clearance, the agency may be able to see your expunged records.

What is Sealing?

Sealing a record, on the other hand, does not erase the record but rather makes it inaccessible or invisible to the general public. Sealed records can still be accessed by certain entities, such as law enforcement agencies or criminal courts, but they are not available to employers, landlords, or other members of the public.

Key Differences

The key differences between expungement and sealing can be summarized as follows:

• Visibility: Expunged records are erased and generally cannot be accessed by anyone, while sealed records are simply hidden from the public view but can still be accessed by certain entities.
• Eligibility: The eligibility criteria for expungement and sealing can vary by state and by the nature of the crime. Some states allow expungement for certain crimes, while others only allow records to be sealed.
• Process: The process for obtaining an expungement or sealing can also vary by state. Generally, it involves filing a petition with the court and may require a hearing.

Legal Advice

The laws regarding expungement and sealing of records vary widely from state to state. Therefore, it’s important to consult with a legal professional who is familiar with the laws in your jurisdiction if you’re considering either of these options.

For more information, you can refer to the Legal Information Institute’s page on expungement or the Bureau of Justice Assistance’s guide on sealing and expungement.

Remember, this information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Always consult with a lawyer for personalized advice.