LawyerLandLegal Glossary

Expungement and Record Sealing

Court processes that erase or restrict access to a criminal record, available only in defined circumstances that vary by state.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

What it means

Expungement and sealing are the mechanisms by which a criminal record can be erased or closed to public access. The two are different: sealing typically restricts who can see a record while it continues to exist, and expungement more nearly erases it - but states use the words inconsistently, so the label matters far less than what the state's statute actually does.

Eligibility is the whole question. It generally depends on the offence, how the case ended, how much time has passed, and whether there have been subsequent convictions. Arrests that never led to conviction, and dismissed cases, are frequently the easiest category and are also the ones people most often assume disappeared on their own. They usually do not.

Even a successful expungement is rarely absolute: defined agencies and licensing bodies may retain access, and a growing number of states now clear some records automatically without an application.

Where this comes from

There is no general federal expungement statute for federal convictions, and no national rule for state records: eligibility, procedure and effect are set entirely by each state's own statutes and differ substantially.

When people hire a lawyer for this

The practical value of advice here is that eligibility is checkable in advance, and a great many people who assume they do not qualify do. It is also the area where commercial "record clearing" offers most often outrun what the law in a given state actually allows.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.