Legal

How record sealing and expungement work by state

Both limit who can see a record, they are not the same thing, and neither is automatic.

Legal · EDU Aid Network

Sealing restricts access to a record; expungement goes further and in some states treats it as never having occurred. Which is available, for which offences, and after how long is set entirely by state law, and the vocabulary itself differs between states.

Several states have introduced automatic clearance for certain older records, which happens without an application. Where that exists it covers a defined category and not everything, so it is worth checking whether a particular record falls inside it before assuming either way.

Where it is not automatic, the process is a petition to a court, usually with a waiting period from the end of a sentence, a filing fee and sometimes a hearing. Many courts publish self-help packets, and legal aid organisations frequently run clinics specifically for this.

Private background check companies hold their own copies of public records and do not always update them promptly. Federal law requires a process for disputing inaccurate information with those companies, and after a clearance it is worth running a check on yourself to confirm it propagated.

What to do next. Check your state court's self-help material for the current terminology and waiting period, then look for a local expungement clinic.
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