Expungement vs. Sealing A Criminal Record
Posted: May 27, 2009
Under Creative Commons License: Attribution
The most common usage of the term "sealed record" refers to the court's act of concealing a criminal record from public view. In the majority of cases the court, arresting agency, and any other government entity will erase the files from public record while maintaining them in a private database that is available only to them for specific access. This restricts anyone other than government officials (courts, arresting agencies, etc.) from having access to the files but retains the information as it is necessary in subsequent arrests, government employment, and licensing applications. Criminal record sealing is typically more common than complete expungement due to the fact that the information still holds importance with the state. Since the information is not completely destroyed in most cases, the eligibility requirements are often less strict.
Black's Law Dictionary defines expungement as a "process by which record of criminal conviction is destroyed or sealed after the expiration of time. While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged."
However, each state has different policies and the overall effect of the expungement will depend on your situation.
For example:
California - an additional entry is created on the record showing the date that the conviction has been "set aside and dismissed pursuant to 1203.4 PC." You are no longer obligated to disclose the conviction when questioned except in response to applications for public office, licensure by any state or local agency, or contracting with the state lottery.
Florida - record is destroyed and removed from the courts database, the arresting agency, the FDLE, and the FBI.
Ohio - the common use of the term "expungement" actually refers to the sealing of a criminal record. You can deny any criminal record but it will remain visible to law enforcement agencies and prosecutors. If you are arrested again, your sealed record can be used against you.
Record sealing and expungement are especially valuable practices as they afford people with criminal backgrounds a second chance which reduces recidivism and increases the numbers of employed taxpayers. There are a wide variety of factors that determine the type of relief that someone will be eligible for and there are several ways to learn if you are a candidate for expungement, see the links below for more information.
(ArticlesBase SC #940279)
Under Creative Commons License: Attribution