As criminal defense attorneys, we at Lermitte & Lubin, LLC often encounter clients who have either had their criminal records expunged or sealed. While these terms are frequently used interchangeably, they refer to two different legal processes with varying implications for your future. If you don’t know the difference but have experience with one or the other, our
criminal defense attorneys can explain. These records cannot be ignored if you have received a criminal charge. They can potentially affect your case.
What are Expunged Records?
Expungement is a legal process through which someone's criminal record is erased or destroyed. This results in the record being eliminated from public view. Since criminal records are available to the
public, this can be significant.
If your criminal records have been expunged, this means they will not appear in any state or federal background checks. If someone tries to run a criminal background check on you for a job or college application, they won’t find anything through the state’s records. However, this does not stop anyone from learning more about you through an internet search. It’s only to benefit your legal standing should you later be charged or the suspect of another crime.
What are Sealed Records?
Sealing records, on the other hand, is a process through which someone's criminal record is hidden from public view but not completely erased. While they won’t be accessible to the public through typical public records, they will still be accessible to certain government agencies.
In some cases, sealed records can also be expunged after a certain period has passed if you go without any further criminal charges.
Key Differences Between Expunged and Sealed Records
#1. Consequences
The most significant difference between expunged and sealed records is the effect they have on your future. Expunged records are eliminated from the public record. This means they will not show up in background checks using government records, and you can legally deny their existence.
Sealed records may still show up in certain types of background checks, particularly those by federal and police authorities. While they do require a court order to be opened for viewing, that doesn’t change that it’s still possible for them to be used in a future case.
#2. Effect on Court Cases
Expungement can have a more significant impact on your court cases than sealing does. Expunged records cannot be used against you in future legal proceedings, and you do not have to disclose your expunged criminal history in court.
Sealed records, however, can still be used by prosecutors in certain situations and may need to be disclosed in court. So, since expungement actively benefits you in the court of law by turning a repeat offender into a first-offender, it has a significant effect on your case.
#3. Effect on Employment and Housing Opportunities
Having an expunged record can significantly improve your employment, schooling, and housing opportunities. If your arrest and court case were not actively and widely published, having a record expunged can potentially mean your record never shows in background checks.
Sealed records may still show up in background checks for certain jobs or housing applications. This likely will affect your chances of being hired or approved, depending on the job.
#4. Timeframe
The process of expunging a record is typically more time-consuming and complex than sealing a record. Expunging a record often involves obtaining court orders, attending hearings, and proving eligibility for expungement. Sealing a record is usually a simpler process that can be completed within a shorter timeframe.
Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC
While both expunged and sealed records involve hiding or eliminating your criminal history from public view, there are significant differences between the two processes. In our experience as criminal defense attorneys, the key distinction lies in the level of confidentiality and accessibility of each type of record, as well as their respective impacts on your future opportunities. You need to understand these differences and seek legal advice when considering expungement, the sealing of your criminal records, or when facing criminal charges with such records behind you.
So, if you or someone you know is facing criminal charges, we at Lermitte & Lubin, LLC are here to help. Don't let past mistakes hold you back from a brighter future.
Contact us today for a consultation.