Record Sealing

The short version

Record sealing means hiding your criminal record from most of the public. This can make it easier to get a job, housing, or loans. It matters because a public criminal record can create many problems for your future, even if you were found not guilty or the charges were dropped.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

U.S. Const. amends. IV–VIII
These amendments protect individual rights in the criminal justice system, such as protection against unreasonable searches, the right to a fair trial, and protection against self-incrimination. While they don't directly mention record sealing, they establish the framework for due process and individual liberties which states consider when creating record sealing laws.
Why it matters: These foundational rights indirectly support the idea that individuals should have pathways to move past criminal justice involvement, which record sealing can help achieve.
18 U.S.C.
This is the primary body of federal criminal law. It includes provisions for federal crimes and some aspects of federal criminal procedure. While there is no general federal law for sealing or expunging all federal criminal records, specific sections may allow for the sealing of certain records under very limited circumstances.
Why it matters: If your case was in federal court, the rules for sealing are generally much stricter and less common than in state courts. Most record sealing laws you hear about apply to state crimes.
state criminal codes
Each state has its own set of laws that define criminal offenses and procedures. Many state criminal codes or separate statutes within the state's legal framework describe specific conditions and processes for sealing or expunging criminal records.
Why it matters: Most record sealing cases happen under state laws. Your eligibility and the process you must follow depend entirely on the specific laws of the state where your conviction or arrest occurred.

Words you need to know

Record Sealing: The legal process of hiding your criminal record from most public view. Employers, landlords, and the general public usually won't see it, but law enforcement and some government agencies still might.
Expungement: Often used interchangeably with 'sealing,' but sometimes means actually destroying or removing a record entirely from public and private view. The exact meaning varies by state.
Eligibility: The specific conditions you must meet to have your record sealed, such as the type of crime, how much time has passed, and if you have committed new crimes.
Petition: A formal written request filed with the court asking for your record to be sealed. This document outlines why you believe you meet the legal requirements.
Arrest Record: Information kept by law enforcement about when you were taken into custody. Even if charges were dropped, an arrest record can still exist and be seen by the public.
Conviction Record: The official documentation that shows you were found guilty of a crime, either by a jury verdict or a guilty plea.

Your rights

✓You have the right to petition a court to seal your eligible criminal records.
✓You have the right to a hearing if the court requires one for your sealing request.
✓You have the right to know what is on your criminal record.
✓If your record is sealed, you generally have the right to state that you have not been arrested or convicted of that particular offense, with some exceptions.
✓You have the right to legal representation during the sealing process.

How the process actually works

1
Understand Your Record
As soon as you decide to explore record sealing.
Obtain a copy of your criminal record from the relevant state agency (like the Bureau of Investigation) to know exactly what charges and outcomes are listed. This is crucial for determining eligibility.
2
Check Eligibility
After obtaining your record, before filing any paperwork.
Review your state's laws to see if your specific charges, convictions, or arrests qualify for sealing. Factors like the type of crime (e.g., felony vs. misdemeanor), the outcome of the case, and time passed since the incident or completion of your sentence are key.
3
Prepare Petition
Once you confirm eligibility and gather all necessary information.
Fill out the necessary court forms, known as a petition, asking the court to seal your record. You'll need to provide details about your case and explain how you meet the legal requirements.
4
File with Court
After preparing your petition, within any state-specific deadlines.
Submit your completed petition and any required supporting documents to the appropriate court. There may be a filing fee, which can sometimes be waived if you meet certain financial criteria.
5
Attend Hearing (If Required)
Varies by state and case; usually weeks or months after filing.
Some states or specific situations require a court hearing where a judge will review your request. You might need to explain why your record should be sealed and answer questions.
6
Order Granted
After a successful hearing or judicial review.
If the judge approves your petition, they will issue an order to seal your record. This order is then sent to various agencies (like law enforcement, courts, and state record bureaus) to hide the information.

Deadlines that can end your case

Time since conviction/arrest
Varies by state
Many states require a certain number of years to pass since your conviction, release from custody, or completion of probation before you are eligible to petition for sealing. Missing this waiting period means your petition will be denied.
Time since dropped charges
Varies by state
Even if charges were dropped or you were found not guilty, some states have a waiting period before you can seek to seal the arrest record. Filing too early will result in a denial.
Filing petition
Varies by state
There isn't a general deadline to file the petition itself, but delaying means your record remains public longer. Eligibility criteria (like time passed) must be met at the time of filing.

Costly mistakes

✕Not knowing your complete criminal record before starting the process.
✕Filing for a crime that isn't eligible for sealing in your state.
✕Failing to meet the waiting period requirements specific to your state and offense.
✕Not properly notifying all required agencies (e.g., district attorney, victim) of your petition.
✕Missing a court hearing or not providing all necessary information the judge requests.
✕Assuming your record is automatically sealed after a certain time without taking legal action.

Your checklist

Obtain a copy of your official criminal record from the state's central repository (e.g., state police, Bureau of Criminal Identification).
Identify all specific charges, arrest dates, and outcomes (conviction, dismissal, acquittal).
Research your state's specific laws on record sealing or expungement, paying close attention to eligibility criteria for each offense.
Gather all necessary court documents related to your case, including arrest records, charging documents, and disposition orders.
Complete the required petition forms accurately and thoroughly, citing your case numbers and legal grounds for sealing.
File your petition with the correct court and pay any associated fees, or apply for a fee waiver.
Serve notice of your petition to all required parties (e.g., prosecutor's office, probation department) as per state law.
Prepare for and attend any scheduled court hearings, ready to explain your request to the judge.

Common questions

What's the difference between 'sealing' and 'expungement'?

The terms are often used interchangeably, but some states use 'sealing' to mean hiding the record from the public and 'expungement' to mean destroying or permanently removing it. The actual effect depends entirely on your state's specific laws. State criminal codes define these terms and their outcomes.

Can I seal a federal criminal record?

Generally, it is much harder to seal or expunge federal criminal records than state records. There is no broad federal law like 18 U.S.C. that allows for general sealing of federal convictions. Relief is typically limited to very specific circumstances or through a presidential pardon, not a standard court process.

If my record is sealed, can I deny having been arrested or convicted?

In most states, if your record is sealed, you can legally state that you have not been arrested or convicted of that particular offense. However, there are usually exceptions, such as applying for law enforcement jobs or certain professional licenses, where you may still need to disclose it. Your state's criminal code will detail these exceptions.

How long does the record sealing process take?

The process can take several months, from the initial research and filing to the court hearing and the actual hiding of the record by various agencies. The exact timeframe varies significantly based on your state's court system, caseload, and the complexity of your case.

Does sealing my record restore my firearm rights?

Generally, no. In most states, sealing a conviction does not automatically restore your Second Amendment rights, especially for felony convictions. You may need to pursue a separate legal process for firearm rights restoration, if available in your state. State criminal codes and specific firearm statutes govern this.

How this changes by state

Record sealing and expungement laws vary greatly from state to state. What qualifies for sealing in one state might not in another. States differ on which crimes are eligible, the waiting periods required, whether an arrest without conviction can be sealed, and the specific procedures for filing and notification. To find your state's rules, you need to look up your specific state's criminal code or statutes related to record sealing or expungement, usually found on your state legislature's website or by contacting your local court clerk.

When you need a lawyer

You should consider hiring a lawyer if your case is complex, if you have multiple convictions, or if you're unsure about your eligibility. A lawyer can help you navigate the specific laws in your state, fill out complex paperwork correctly, represent you in court, and handle any opposition from the prosecutor. If you've been denied sealing in the past, a lawyer can help identify reasons for denial and advise on next steps.

Do this today

→Contact your state's Bureau of Investigation or similar agency to request a copy of your complete criminal record.
→Review your record carefully to identify all arrests and convictions, noting dates and dispositions.
→Visit your state's official legislative website to search for statutes related to 'record sealing,' 'expungement,' or 'criminal record relief' to understand the eligibility requirements in your state.

This lesson is legal information for educational purposes only, based on U.S. Const. amends. IV–VIII; 18 U.S.C.; state criminal codes. It is not legal advice and does not create an attorney-client relationship.