If you have a criminal record, you may have heard about expungement and record sealing as options for clearing your past. While both legal remedies can improve your future prospects, they have important differences in how they work, their legal effects, and who qualifies. Understanding these distinctions can help you determine which option is right for your case.

What Is Expungement?

Expungement is a legal process that allows a person to withdraw a guilty or no-contest plea, enter a not guilty plea, and have the case dismissed. Under California Penal Code 1203.4, an expunged conviction is considered “set aside,” meaning it is no longer considered a conviction for most purposes. However, the record still exists and may be visible to certain government agencies.

Key Features of Expungement:

  • The conviction is dismissed, but the record is not erased.

  • You can legally state that you have not been convicted of the offense in most job applications (except for government jobs and certain professional licenses).

  • Eligibility: Available for most misdemeanors and felonies where probation was successfully completed. Some serious crimes, like certain sex offenses, are not eligible.

  • Does not restore firearm rights or remove the conviction from law enforcement records.

  • Does not erase the need to register as a sex offender (if applicable).

What Is Record Sealing?

Record sealing, also known as arrest record sealing under California Penal Code 851.91, is different from expungement in that it hides a record from public view. While expungement dismisses a conviction, record sealing applies to arrests and cases that did not result in a conviction.

Key Features of Record Sealing:

  • Seals an arrest record, making it inaccessible to most background checks.

  • Applies only to cases that did not result in a conviction (e.g., charges dismissed, acquittals, or successful pretrial diversion programs).

  • Law enforcement and government agencies can still see the record, but it is not available to employers, landlords, or the general public.

  • Eligibility: Available for those who were arrested but never convicted, as well as for some juvenile records under California Welfare & Institutions Code 781.

Which Option Is Right for You?

  • If you were convicted of a crime and want to have it dismissed, expungement is likely the best option.

  • If you were arrested but never convicted, record sealing will provide better protection from background checks.

  • If you have a juvenile record, sealing may be available to completely remove the record.

  • If you need full restoration of rights, such as gun rights or relief from sex offender registration, neither expungement nor record sealing may be sufficient. Instead, you may need a Governor’s Pardon or Certificate of Rehabilitation.

Why Legal Guidance Matters

The process for both expungement and record sealing can be complex, and mistakes in filing can delay or jeopardize your case. Consulting with an experienced expungement attorney can help you understand your eligibility, prepare the correct paperwork, and ensure the best possible outcome for your future.

If you’re ready to take the next step in clearing your record, consult a top California expungement lawyer. Contact us today to explore your options.

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