Expungement vs. Sealing: What's the Difference and Which One Do You Actually Need?
Last updated: May 2026
You're researching this because something on your record is getting in the way of a job, an apartment, a license, custody, immigration paperwork — or just your own peace of mind. You've seen the terms expungement, sealing, set aside, vacate, nondisclosure, Clean Slate, record restriction — and you're not sure which one applies to you, or which one actually solves your problem.
The 30-second version: expungement destroys the record. Sealing hides it. For a standard employer background check, both look the same — the record doesn't show up. For everything else (licensing, security clearance, immigration, FBI checks), the difference can matter a lot. Below we break down how each one works, who can still see what after, what your state actually calls it, and which path makes sense for the situation you're in.
Quick comparison
| Expungement | Sealing | |
|---|---|---|
| What happens to the record | Destroyed or fully removed from databases | Hidden from public; physical record may still exist |
| Standard employer check | Will not appear | Will not appear |
| Law enforcement can see it | Usually no, with narrow exceptions | Yes |
| Government / licensing checks | May still appear for security clearance, FBI checks, regulated industries | Will appear for most regulated industries |
| Can you legally say "no" to "have you been convicted?" | Usually yes (state-specific) | Often yes for private employers; varies by state |
| Reversible | Generally no — record is destroyed | Yes — a court can order unsealing |
| Typical eligibility | Narrower — dismissals, acquittals, certain misdemeanors, some first-offense felonies | Broader — most non-violent convictions after a waiting period |
Which term does your state use?
Terminology varies dramatically across states. "Expungement" in one state may legally function like "sealing" in another. Some states use both terms for different procedures. Here's the lay of the land for the states ExpungeReady covers:
| State | Term(s) used | Practical effect |
|---|---|---|
| Florida | Expungement and Sealing (separate processes) | Expungement physically destroys the court record; sealing hides it from public view but keeps it accessible to law enforcement and select agencies. |
| North Carolina | Expungement (the legal term is "expunction") | Removes the conviction from public court records. Some entities (state bar, law enforcement licensing) can still see it for certain purposes. |
| Georgia | Record Restriction | Restricts access to the criminal history record. Not destroyed — restricted from public view including most employers and landlords. |
| Michigan | Set Aside (and automatic Clean Slate sealing) | Set aside removes the conviction for most purposes. Clean Slate (automatic) seals the record after a waiting period. |
| Texas | Expunction (full destruction) and Order of Nondisclosure (sealing) | Expunction destroys all records; very limited eligibility. Nondisclosure seals records from public view but keeps them accessible to law enforcement and some licensing boards. |
| Ohio | Sealing and Expungement (since 2023) | Sealing makes the record non-public. Ohio added true expungement (destruction) in 2023 for narrower categories. |
| Washington | Vacate (and Seal) | Vacating withdraws the guilty plea or finding. The record may then be sealed. Marijuana vacate under HB 1041 is automatic for many cases. |
| Arizona | Set Aside and Expungement (cannabis) | Set Aside under ARS 13-905 removes the conviction's civil consequences but the record remains visible. Cannabis Expungement under Prop 207 fully expunges qualifying marijuana convictions. |
| Virginia | Expungement and Sealing (separate) | Expungement available only for non-convictions (dismissals, acquittals). Sealing under Virginia's new law (effective July 2025) covers convictions. |
| Pennsylvania | Expungement and Sealing (Clean Slate Act 5/Act 36) | Expungement is limited (summary offenses, dismissals, ARD). Sealing under Clean Slate hides qualifying convictions from public view; many cases auto-seal after 10 years. |
| Illinois | Expungement and Sealing (separate) | Expungement removes the record entirely. Sealing keeps the record but restricts public access. Cannabis-specific expungement is automatic under CRTA. |
| New Jersey | Expungement | Removes the record from public databases and treats the case as if it never occurred for most purposes. Clean Slate covers entire criminal histories after 10 years. |
| New York | Sealing (CPL 160.59 / CPL 160.57 Clean Slate Act) — true expungement reserved for marijuana cases under MRTA | Sealing removes the record from public-record returns and most background checks but the record is not destroyed; courts, law enforcement, and certain licensing agencies retain access. Marijuana vacatur under MRTA is true expungement — the record is destroyed. |
| Indiana | Expungement (also called sealing for misdemeanors and Class D / Level 6 felonies) | For arrests without conviction, the record is treated as if it never existed. For misdemeanors and Class D / Level 6 felonies, the record is sealed from public view. For higher felonies that qualify, the record stays public but is marked as expunged; IC 35-38-9-10 forbids most employers from using marked-expunged convictions against an applicant. |
Which one do you actually need? Common situations
The legal terminology matters less than what you're trying to fix. Here are the situations we see most often, and which path usually applies:
- "I keep getting rejected from jobs after the background check." Either path will solve this — both expungement and sealing remove the record from standard private-employer background checks (the kind run through Checkr, Sterling, HireRight, etc.). Pick whichever your state lets you qualify for. If both are available, expungement is stronger, but a Clean Slate auto-seal is often faster and free.
- "I got denied an apartment because of my record." Same answer — landlords use the same kind of consumer background check most employers use. Sealing or expungement removes it.
- "I'm applying for a professional license — nursing, teaching, real estate, CDL, contractor, security." Be careful: regulated licensing boards can often still see sealed records, and sometimes even expunged ones, especially through FBI fingerprint-based checks. Expungement is the stronger move here, and you should ask an attorney whether your specific licensing board has access to sealed records before you spend money.
- "I'm worried this will affect a custody case or family court matter." Family court judges can sometimes access sealed records during a custody dispute. Expungement (destruction) is better protection here than sealing.
- "I'm worried about immigration consequences." Immigration is its own thing. USCIS and ICE can see expunged and sealed records for immigration purposes — no state-court process makes a record invisible to federal immigration officials. Talk to an immigration attorney before relying on either.
- "I just want to be able to say honestly that I've never been convicted." In most states, after expungement you can legally answer "no" to private-employer questions about prior convictions. After sealing, you usually can too, but with more exceptions. State law varies — check your specific statute.
- "I have an old marijuana case in a state that legalized it." Many states (Illinois, Arizona, New Jersey, Washington, others) automatically expunge or vacate qualifying cannabis convictions. You may not need to do anything except wait. Confirm with your state's program.
- "I was arrested but never convicted — the case was dismissed." Expungement is almost always the right (and easier, cheaper) path for non-convictions. Most states have streamlined expungement for dismissals and acquittals.
After expungement, can I say "I've never been arrested"?
This is the question people lose sleep over, especially when an application asks "have you ever been convicted of a crime" and a "no" feels like it might be a lie.
In most states, yes — after expungement (and often after sealing) you can legally answer "no" on standard private-employer and rental applications. The state treats the case as if it never happened for those purposes. The exceptions tend to be:
- Law enforcement and government security clearance applications
- Some state professional licensing applications (varies by board)
- Anywhere a federal background check or fingerprint check is required
- Court proceedings under oath, in narrow circumstances
The exact wording of your state statute matters here. Your attorney or the expungement order itself will spell out what you can and can't say. New Jersey, Illinois, and Pennsylvania have particularly clear "treat as if it never occurred" language for most purposes.
What still shows up on a background check?
The honest answer is: it depends on the type of background check being run. Not all background checks are created equal.
- Standard consumer background check (Checkr, Sterling, HireRight, GoodHire): Sealed and expunged records should not appear. This is the kind most jobs and apartments use.
- FBI fingerprint check (required for some licensed professions, federal jobs, defense contractors): Can see sealed records in many states; usually does not see expunged records, but not guaranteed.
- State licensing board check: Often has statutory access to sealed records. Varies wildly by state and profession.
- Security clearance investigation (federal SF-86 and similar): You must disclose everything, including expunged and sealed records. Withholding is a federal offense.
- Immigration check: USCIS can see sealed and expunged records for immigration purposes.
For a fuller breakdown of which databases pick up which records, read our background check guide — it walks through exactly what employers, landlords, and licensing boards actually see in practice.
Frequently asked questions
What is the difference between expungement and sealing?
Expungement destroys or fully removes the record from public and most private databases. Sealing hides the record from the public but keeps it accessible to courts, law enforcement, and (in some states) licensing boards. The legal effect for an employer running a standard background check is usually similar, but the underlying record still exists after sealing.
Which is better — expungement or sealing?
Expungement is generally stronger because the record is destroyed rather than hidden. However, many states only allow expungement in narrow circumstances (dismissals, acquittals, certain juvenile offenses) and require sealing for everything else. If both are available for your record, expungement is the better choice; if only sealing is available, sealing still removes the record from most background checks.
After expungement, can I say I have never been arrested?
In most states yes, with limited exceptions. New Jersey, Illinois, and several other states allow you to legally answer "no" to questions about prior arrests or convictions after expungement, except in applications for law enforcement, government security clearance, and (sometimes) state licensing positions. State law varies — check the specific statute or ask an attorney.
Who can still see my record after expungement or sealing?
After expungement: typically no one in standard background checks; some federal databases and law enforcement may retain access. After sealing: law enforcement, courts, prosecutors, and certain regulated employers (childcare, healthcare, banking, government clearance) can typically still see the record. FBI fingerprint checks may still surface sealed records in some states.
Does expungement remove an arrest from my FBI background check?
State expungements update the state-level criminal history database. The FBI typically also removes or restricts the entry after notification, but this is not automatic in every state. Some states (Pennsylvania, North Carolina) require a separate FBI notification step. Your attorney can confirm whether additional follow-up is needed.
What is "Clean Slate" — is that expungement or sealing?
Clean Slate laws are automatic sealing programs (in most states). The state seals qualifying records after a waiting period (typically 7–10 years) without requiring the person to file a petition. Pennsylvania, Michigan, New Jersey, Utah, Connecticut, Delaware, Oklahoma, and Virginia have Clean Slate laws as of 2026. They are not expungement — they are automatic sealing.
Can a sealed record be unsealed?
Yes, in narrow circumstances. A court can order unsealing if the person is later charged with a new offense, applies for certain government or licensing positions, or if the original sealing was obtained by fraud. Routine employer background checks cannot unseal a record.