Expungement vs. Record Sealing: What's the Difference?

When people talk about "clearing" a criminal record, they often use the words expungement and sealing interchangeably. They're not the same thing — and which one applies to you depends entirely on your state and your offense.

What Is Expungement?

Expungement is the legal process of destroying or erasing a criminal record. When a record is expunged, it is treated as though it never existed. The court physically destroys the record or removes it from public databases entirely.

After a true expungement, you are generally legally permitted to answer "no" when asked on job applications whether you have ever been arrested or convicted of that offense. The record disappears from most background checks, courthouse indexes, and law enforcement databases.

True expungement — full destruction of records — is available in states like California, Illinois, Texas, Michigan, New Jersey, and others.

What Is Record Sealing?

Sealing a record means the record still exists but is hidden from public view. Employers, landlords, and the general public cannot access a sealed record during a standard background check. However, the record is still accessible to:

• Law enforcement agencies
• Prosecutors (in future criminal cases)
• Certain government agencies and licensing boards
• Federal agencies (for certain clearances)
• Immigration authorities (USCIS)

Sealing is a more limited remedy. The record is not gone — it is locked away. States like New York, Florida, Colorado, and others use sealing rather than full expungement for certain offenses.

Side-by-Side Comparison

Some States Use Both Terms

In many states, the terms overlap or are used loosely by courts. California's process under PC § 1203.4 is technically a dismissal — the conviction is set aside and the case dismissed, but the arrest remains visible. New York recently passed the Clean Slate Act (CPL § 160.57) which automatically seals older convictions but does not expunge them.

Always look at what your specific state's statute does, not just what the law is called.

Which Is Better?

If your state offers both, expungement is generally the stronger remedy. But sealing still provides meaningful protection — it removes your record from public background checks and lets you move forward without most employers or landlords seeing the conviction.

For employment, housing, and most licensing purposes, both expungement and sealing achieve similar practical results. The main exceptions are federal employment, security clearances, professional licenses in regulated industries, and immigration proceedings.

What's Available in Your State?

Every state has different rules. Check your state's specific page for exact eligibility, waiting periods, and whether your state offers expungement, sealing, or both.