Difference Between Expungement & Sealing of Records

Expunged Record

• When a criminal record is expunged the record should be destroyed, which is like the crime never took place. Each state creates their own laws outlining the rules regarding an expunged record. Evidence can also be expunged.
  
  

Warning

• Even when it is ruled that an individual's record should be expunged it may not be completely destroyed, leaving it available to law enforcement.
  
  

Requirements

• Each state has different guidelines for having a record expunged. Most often items taken into consideration are the length of time since the conviction, no criminal acts since the conviction, acquittal after a trial and if it is a juvenile record. Crimes such as non-violent felonies and first-time misdemeanors may also be eligible.
  
  

Sealed Records

• Sealed records are different from expunged records in that sealed records are not destroyed. Instead the record is hidden from the public. However, sealed records can be opened if an individual has applied for a professional license, such as a medical or law license.
  
  

When Used

• A sealed record can involve more than just a criminal record. Other sealed records are juvenile records, sexual assault victims records and information about a patient's meeting with a doctor.
  
  

Lawyer

• A lawyer can help an individual get a personal record expunged or sealed.