Expungement vs. Sealing: How They Affect Background Checks

When it comes to past mistakes, one of the most common questions people have is, “Can I make my criminal record disappear?” The short answer is: sometimes—through expungement or record sealing. On the other hand, both employees wonder how long felony records can come up in background checks. Factors such as the expungement or record sealing or the influence of State and Federal Laws are important in this context.

Understanding these differences can be the key to reclaiming opportunities for employment, housing, and peace of mind.

1. Why Criminal Records Matter in Background Checks

Background checks have become standard in hiring, tenant screening, licensing, and even volunteer work. A single conviction—no matter how old—can still influence decisions.

Here’s why it matters:

• Employers may reject applicants based on certain convictions.

• Landlords may deny leases to applicants with criminal records.

• Licensing boards may refuse certifications for certain professions.

If your record contains charges or convictions, expungement or sealing could be your ticket to a cleaner slate.

2. What Is Expungement?

Expungement is the legal process of erasing a criminal record from public view. In many cases, it’s treated as though the incident never happened.

Key Points About Expungement:

• The record is removed from public databases.

• Most employers, landlords, and the public can’t access it.

• In some states, you can legally state you’ve never been convicted (except in certain legal or government contexts).

• Law enforcement and certain agencies may still retain internal records.

Eligibility for Expungement:

• Varies by state.

• Often available for non-violent offences, minor misdemeanors, or cases where charges were dismissed.

• Some states allow certain felony convictions to be expunged after a waiting period.

Example:

If you were arrested for shoplifting but the charges were dropped, expungement could remove all public traces of that arrest.

3. What Is Record Sealing?

Record sealing doesn’t erase the record—it restricts public access to it. The record still exists but can’t be viewed by most employers or landlords during routine background checks.

Key Points About Sealing:

• The record remains in the system but is hidden from public view.

• Law enforcement, courts, and certain licensing agencies can still see it.

• It’s often easier to obtain than expungement.

• Applies to both arrests and convictions, depending on state laws.

Example:

If you were convicted of a misdemeanor and the record is sealed, most private employers won’t see it, but it could still appear if you apply for a government job or certain professional licenses.

4. Expungement vs. Sealing: The Main Differences

5. How They Affect Background Checks

Expungement and Background Checks

• In most cases, an expunged record will not appear on an employer or landlord’s background check.

• Exceptions: certain government positions, law enforcement roles, or high-security clearances may still reveal expunged records.

• Background check companies are legally required to remove expunged records from reports.

Sealed Records and Background Checks

• Sealed records typically won’t appear in private background checks for jobs or rentals.

• They may appear if the check is run by a government agency, security-sensitive employer, or licensing board.

  
  

  Bottom Line: Expungement is closer to complete removal, while sealing is more about restricting who can see it.

6. Why State Laws Make a Big Difference

The impact of expungement or sealing depends heavily on where you live.

For example:

• California: Offers both expungement and record sealing for certain offences; many employers can’t ask about expunged convictions.

• New York: Uses sealing more often than expungement; some felonies can be sealed after 10 years.

• Texas: Provides expunction (expungement) for certain arrests and “orders of nondisclosure” (similar to sealing) for specific convictions.

Always check your state’s eligibility requirements and timelines before starting the process.

7. The Process of Getting Records Expunged or Sealed

While exact steps vary by state, the process generally involves:

Determine Eligibility

• Review your offense type, date, and case outcome.

• Some states automatically expunge certain juvenile records.

  
  

File a Petition

• Complete required legal forms.

• Submit them to the court in the county where the case was handled.

Attend a Court Hearing (if required)

• Some cases require you to explain why the record should be removed or sealed.

Receive the Court Order

• If approved, the court notifies relevant agencies to update their databases.

Verify Removal or Restriction

• Run a self-background check to ensure your record is no longer visible.

8. Common Myths About Expungement and Sealing

Myth #1: “Expungement deletes my record everywhere.”

Fact: It removes it from public records, but law enforcement may still retain it.

Myth #2: “A sealed record is as good as an expunged one.”

Fact: Sealed records can still be seen by certain agencies.

Myth #3: “After 7 years, all records disappear.”

Fact: The 7-year rule under the FCRA applies mainly to non-convictions in certain states; convictions can remain indefinitely unless expunged or sealed.

Myth #4: “I don’t need a lawyer for this process.”

Fact: While you can apply on your own, legal help can increase your chances of success.

9. Who Benefits Most from Expungement or Sealing?

• Job Seekers: Especially in industries with strict background checks.

• Tenants: Those looking to rent in competitive housing markets.

• Professionals Seeking Licenses: Nurses, teachers, real estate agents, etc.

• Individuals with Old or Minor Offences: Especially if they’ve had a clean record since.

10. Tips for a Successful Application

• Gather Documentation: Court records, proof of sentence completion, character references.

• Highlight Rehabilitation: Education, employment, volunteer work since the offense.

• Meet Deadlines: Some states have specific waiting periods and filing dates.

• Consider Legal Help: A criminal defense attorney can navigate complex state rules.

11. Final Thoughts

Both expungement and record sealing can be life-changing, removing the shadow of a past offence from most background checks.

If you want a fresh start:

• Choose expungement if your goal is to erase the record entirely from public view.

• Choose sealing if you can’t get an expungement but still want to hide it from most employers and landlords.

Regardless of the route you take, knowing your state’s laws, eligibility requirements, and the potential impact on background checks can help you move forward with confidence.

Quick FAQ

Q1: Which is better, expungement or sealing?

Expungement offers more complete removal from public records, but it’s harder to get. Sealing still offers privacy but allows certain agencies access.

Q2: Will a sealed record show up on a job background check?

Usually no, unless it’s for a government job or high-security position.

Q3: Can felonies be expunged or sealed?

It depends on the state and the type of felony—violent and serious felonies are often excluded.

Q4: How long does the process take?

Anywhere from a few months to over a year, depending on state backlog and complexity.