Expungement vs. Record Sealing: What Is the Difference?

If you have spent any time researching how to clear your criminal record, you have probably run into two terms that seem like they should mean the same thing but do not: expungement and record sealing.

Some websites use them interchangeably. Some states use one term when they legally mean the other. Some states have both options, each with different eligibility rules and different effects. The confusion is real, it is widespread, and it matters — because the type of relief you get determines what happens to your record, who can still see it, and what you can legally say on a job application.

This article explains the actual difference, how each state handles it, and what it means for you in practical terms.

The Core Difference

At the most basic level, the distinction is this:

Expungement means the record is destroyed — or legally treated as if it never existed. In its strongest form, the court orders the physical and digital destruction of all records related to the case. The arrest, the charge, the conviction — all of it is erased. You can legally say “I have no criminal record” on most job and housing applications.

Record sealing means the record still exists, but it is hidden from public view. The case file is not destroyed. It is moved behind a wall that most people cannot see past. Standard background checks, public record searches, and most employers will not find it. But the record is still physically there — accessible to certain authorized parties.

Think of it this way: expungement shreds the document. Sealing puts it in a locked drawer. Both achieve the same practical goal for most people — the record stops showing up. But the legal mechanism is different, and the exceptions matter.

Who Can Still See a Sealed Record?

This is where the practical difference between expungement and sealing becomes important. A sealed record is not gone. It is restricted. The specific restrictions vary by state, but there are common categories of people who can typically still access sealed records:

What Each State Actually Calls It

Here is the complication that trips up nearly everyone: states use these terms inconsistently. Some states call their process “expungement” but legally it functions like sealing. Others call it “sealing” but the effect is closer to true expungement. And some states use terms that are entirely different from either word.

Practical Impact: Both Help With Jobs and Housing

For most people, the practical difference between expungement and sealing is small. The reason is simple: the two biggest sources of background check information — state criminal history repositories and private background check companies — are blocked from reporting the record under either mechanism.

When a standard employer or landlord runs a background check through a company like Checkr, Sterling, or HireRight, they will not see an expunged record and they will not see a sealed record. The FCRA prohibits consumer reporting agencies from including records that have been expunged or sealed by court order. For the 90% of situations that matter most to most people — private employment, apartment applications, professional licensing — both expungement and sealing achieve the same result.

Where the difference starts to matter is in the exceptions: federal background checks, immigration proceedings, law enforcement, military service, and certain government jobs with security clearance requirements. In those contexts, a sealed record may still be visible, while a truly expunged (destroyed) record would not be.

Can You Say “No Criminal Record” on Applications?

This is one of the most frequently asked questions, and the answer depends on the type of relief and your state.

In most states, after either expungement or sealing, you can legally answer “no” when asked whether you have a criminal record on job applications, housing applications, and similar forms. The whole point of the relief is to allow you to move forward without the record following you.

However, there are exceptions:

Which Is “Better”?

People often ask whether they should pursue expungement or sealing, as if they have a choice. In most states, you do not. The state determines which mechanism is available based on your offense type, your criminal history, and the state's statutory framework. You do not pick between expungement and sealing — you get whatever your state offers.

If your state offers true expungement (record destruction), that is generally the strongest form of relief. The record is gone. Nobody can access what does not exist. If your state offers sealing, that is still highly valuable — it blocks the record from standard background checks and allows you to legally deny the conviction in most contexts.

The bottom line: do not let the terminology stop you from pursuing relief. Whether your state calls it expungement, sealing, set-aside, vacating, annulment, or erasure, the practical effect for most people's lives is the same — the record stops showing up on the checks that matter.

The Private Company Problem Applies to Both

Here is something that applies equally to both expungement and sealing: private background check companies are not automatically notified when a court grants your order. They maintain their own databases, built from historical scrapes of public court records. When the court updates the official record, these companies are not in the notification chain.

This means that even after you receive an expungement or sealing order, companies like Checkr, Sterling, LexisNexis, HireRight, and dozens of others may still have your old record in their database. They are required to remove it under the FCRA once they are made aware — but you have to make them aware.

This is where Record Sweep comes in. For $199, it generates personalized FCRA dispute letters for 164+ background check and data broker companies, each addressed with your specific case information and expungement order details. You can do this yourself — it just takes time and organization. Record Sweep automates the process.