Expungement vs sealing: what the words mean

People use many words for clearing a criminal record: expungement, sealing, set-aside, vacatur, nondisclosure, a certificate of rehabilitation, a pardon. The words matter, because each one does something different, and each state uses its own. This guide explains the common terms in plain words, shows what our state guides say each state calls it, and links the national rules that apply everywhere. It does not tell you whether your record qualifies; your state's page has the rules and the law.

The common words

Expungement (some states say expunction) — the court orders the record destroyed or removed from public view. Sealing — the record still exists, but most of the public can no longer see it; courts and some agencies usually still can. Set-aside or vacatur — the court cancels the conviction, often after probation is done, but a record of the case may remain. Nondisclosure — an order that keeps the record from most of the public. Pardon — forgiveness from the governor or a pardon board; in many states a pardon alone does not erase the record.

The same word can mean different things in different states. A state's own law, and its court forms, decide what a remedy does there.

What each state calls it

Our 50 published state guides each name the remedy the state uses. The table after this guide lists the state's own term; the state page explains what it does there.

Automatic relief (Clean Slate)

Some states clear certain records without a petition. These laws are often called Clean Slate laws. Of our 50 published state guides, 32 clear some records automatically (California, Colorado, Connecticut, Delaware, District of Columbia, Florida and more). Automatic relief usually covers only some records, and only after a waiting period.

Compare them in Clean Slate states.

Who can still see a cleared record

Even after a record is cleared, some agencies may still see it. Each state page has a section on what you may say afterwards and the main exceptions. Federal law also limits what background check companies may report:

• If something in your file is wrong or incomplete, you can dispute it with the company. It must look into it for free, usually within 30 days, and fix or delete information that is wrong or cannot be verified. If your record was sealed or expunged, you can send a copy of the court order with your dispute.

Law: 15 U.S.C. 1681i(a)

More in background checks and old arrests.

What background checks may show

• An arrest record can be reported for 7 years from the date of entry, or until the statute of limitations runs out, whichever is longer.

Law: 15 U.S.C. 1681c(a)(2)

If you are not a US citizen

Immigration is federal law. A state remedy may not have the same effect for immigration:

• If you are not a U.S. citizen, a state expungement or dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes. Talk to an immigration lawyer or accredited representative before you rely on it.

Law: 8 U.S.C. 1101(a)(48)(A); Matter of Roldan-Santoyo, 22 I&N Dec. 512 (BIA 1999); Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)

Before you choose a remedy

Before you choose a remedy, get a copy of your own record, so you know every case and how it ended. Then compare the remedies on your state's page: what each covers, the waiting period, the exclusions and the cost. If more than one remedy fits, a legal aid office can help you choose.

Words you may see on court papers

• Petition — your written request asking the court to clear the record.
• Disposition — how a case ended: dismissed, acquitted, convicted, or deferred.
• Waiting period — the time the law says must pass before you can ask, counted from a set event such as the end of your sentence.
• Hearing — a court date where a judge may hear from you and the prosecutor before deciding.
• Objection — the prosecutor's written reason why the court should say no.

Questions to bring to legal aid

• Which of my cases can be cleared, and with which remedy?
• When does the waiting period end for each case?
• Do unpaid fines or a newer case affect my request?
• Who will still be able to see my record afterwards?
• Is there a fee, and can it be waived?

This is general information, not legal advice. Whether a record can be cleared depends on the whole record and the state's law; the court decides. A legal aid office can check your case for free, and each state page lists free help.