What Does Expunged Mean? Expungement vs. Sealing
"Expungement" is a general term for a court process that limits public access to a criminal record, but states use the words expunge, seal, set aside, vacate, and dismiss differently. In some states an expunged record is sealed rather than destroyed and can still be seen by police and certain agencies; in others, expunge means to physically destroy the record. What employers and landlords can see or consider also depends on state law and the type of job or screening.
What the law says
- In Minnesota, expungement is the process of sealing court records so they are not available to the public, and expungement does not destroy the record. Minnesota Judicial Branch, Criminal Expungement
- Minnesota's courts say police, law enforcement agencies, the FBI, immigration authorities, and other public officials may still see records from an expunged (sealed) case for certain purposes. Minnesota Judicial Branch, Criminal Expungement
- Washington's court glossary defines the terms separately: to expunge is to physically destroy information, to seal is to prevent access to a record, and to vacate is to set aside a conviction. Washington Courts, Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records
- In Washington, a person whose conviction has been vacated may state for all purposes that they have not been convicted of that crime, but the court file is not destroyed and, unless it is sealed, remains accessible to the public; the conviction may be used in a later criminal prosecution. Washington Courts, Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records
- Washington's courts note that sealing or vacating a court record does not necessarily affect records kept by law enforcement agencies, other government agencies, or private companies. Washington Courts, Sealing and Destroying Court Records, Vacating Convictions, and Deleting Criminal History Records
- In Oregon, a motion to set aside (also called expungement) is a way to seal the record of an arrest or conviction; if approved, the official court records are sealed and other agencies are told to seal their records. Oregon Judicial Department, Multnomah County Circuit Court, Criminal Set Aside (Expungement)
- Oregon eligibility depends on the type and severity of the crime, a waiting period after the sentence, and completing obligations such as probation, fines, and restitution, under Oregon Revised Statute 137.225. Oregon Judicial Department, Multnomah County Circuit Court, Criminal Set Aside (Expungement)
- In Alaska, setting aside a conviction does not mean it disappears or that court records are shredded; both the conviction and the order setting it aside remain in the public record. Alaska Court System, Suspended Imposition of Sentence: Frequently Asked Questions
- California's court self-help site says true expungement does not exist in California, though there may be other options to clean a record. California Courts Self-Help, Clean your record
- Under California Penal Code 1203.4, a dismissed conviction can still be pleaded and proved in a later prosecution, must still be disclosed when directly asked on applications for public office, state or local licensure, or California State Lottery contracting, and does not restore the right to possess a firearm. California Penal Code section 1203.4
- In California, most employers can't ask about criminal history before a conditional job offer, and afterward can't ask about or consider convictions that have been expunged, sealed, dismissed, or statutorily eradicated; the law does not apply to employers with fewer than 5 employees or to jobs where the employer is required to restrict employment based on criminal history. California Courts Self-Help, Criminal history and job applications
- Tenant screening reports used by landlords may include criminal history; federal law requires a landlord to tell you if a screening report was used to deny you housing, and you can get a free copy if you ask within 60 days. Consumer Financial Protection Bureau, What is a tenant screening report?
FAQ
Is expunged the same as sealed?
Not everywhere. Minnesota treats expungement as sealing, while Washington defines expunge as physically destroying information and seal as preventing access.
Does an expunged record disappear completely?
Often not. Minnesota's courts say expungement does not destroy the record and some officials, including the FBI and immigration authorities, may still see it for certain purposes.
Can an employer see an expunged conviction?
It depends on the state and the job. In California, most employers can't ask about or consider expunged, sealed, or dismissed convictions, but the rule doesn't cover very small employers or jobs where criminal history checks are required by law.
Can a landlord see my criminal record?
Tenant screening reports can include criminal history. If a landlord denies you based on a screening report, federal law requires them to tell you, and you can request a free copy within 60 days.
What does set aside mean?
It varies. In Oregon a set-aside seals the record; in Alaska a set-aside conviction and the order setting it aside both remain in the public record.
Related
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.