All Laws Decoded

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

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.