Expungement vs Record Sealing: What Is The Difference

In criminal law, individuals burdened by past legal troubles often seek ways to distance themselves from the ramifications of their actions. Expungement and sealing emerge as two prominent strategies, each offering a distinct approach to keeping records out of the public eye. In this post, we’ll explore the differences between expungement and sealing, shedding light on the nuances of these legal processes and helping individuals make informed decisions on their journey toward a cleaner record.

What Is Record Expungement?

Expungement is a powerful legal mechanism designed to erase specific records from an individual’s criminal history. This process applies to various aspects, including arrests, court orders, and specific probations. However, it’s essential to recognize that expungement does not extend to convictions. Convictions, characterized by guilt and sentences such as regular probation, fines for ordinance violations, and prison time, cannot be expunged.

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Expungement Qualification Criteria

To be eligible for expungement, certain criteria must be met:

• No charges were filed, or the case was dismissed or subject to a nolle pros.
• No prior guilty or delinquency adjudications.
• No past sealed or expunged cases in Florida.
• No ongoing seal or expunge petitions in any court.

The Expungement Process

If an expungement request is granted, several crucial actions take place:

• Removal of the arrest record from official files, including those of the arresting authority, the FBI, and the State Police Department.
• Eliminating the individual’s name from the public record by the circuit clerk, rendering it inaccessible to the general public.
• Law enforcement agencies and the Department of Corrections retain access for criminal offenses requiring a waiting period despite expungement.
• The person’s criminal record becomes invisible on background checks.

What Is Record Sealing?

Sealing records makes them inaccessible to the general public while allowing select employers and agencies to retain access. Unlike expungement, sealed records are legal but shielded from most employers and landlords. However, specific entities mandated to conduct thorough background checks, such as fire departments, organizations working with children, hospitals, and police departments, can still access sealed felony convictions.

Sealing Qualification Criteria

To qualify for record sealing, certain conditions must be met:

• No past conviction and charges must be dismissed.
• The case can be expunged if it has been sealed for at least ten years.

The Sealing Process

Embark on a journey through “The Sealing Process,” where privacy prevails, yet a subtle transparency persists for select entities.

• Sealed records remain invisible to the general public and landlords.
• Employers with legal mandates for background checks can still view sealed felony convictions, typically requiring fingerprinting.
• Law enforcement authorities retain access to sealed records.
• Courts, police departments, and state attorneys are among the entities with continued access to sealed records.
• Individuals, including the record holder, can only view sealed or expunged records with a court order.

Expungement vs Sealing: What Is The Difference

The primary distinction lies in the aftermath of the process. Expungement completely eradicates any evidence of a criminal charge or arrest, creating a scenario as if it never occurred. On the contrary, sealing implies that the record “exists” physically and legally. While shielded from the general public, it remains accessible to specific employers and agencies with a legitimate need for such information.

Expungement vs. Pardon: Clarifying the Dichotomy

It’s crucial to differentiate between expungement and a pardon. Expungements typically apply to cases dismissed or delayed, providing a remedy for individuals without a criminal conviction. Conversely, a pardon becomes necessary for cases resulting in a criminal conviction. A pardon forgives the offender and removes any outstanding sentence. Following an acquittal, criminal records remain public, but individuals may petition for expungement depending on jurisdictional laws.