What does expunged mean? Expungement vs. sealing

Expunged usually means a criminal record has been erased or removed, as if it were taken out of the files. The exact meaning depends on the state, and in some states an expunged record still exists in a locked or confidential form.^1,2,3,4

The Texas State Law Library calls a complete removal of records an expunction. The Supreme Court of Ohio describes expungement as destruction that leaves the records permanently irretrievable, with one exception: the state's Bureau of Criminal Investigation keeps a record to check eligibility for law enforcement jobs. Iowa's statute works differently. An expunged conviction record becomes confidential and exempt from public access, and the clerk can release it on a court order. The Florida Department of Law Enforcement says that for an expunged record, most government entities are told only that it was expunged and cannot see it without a court order.

Sealed usually means a record is hidden from the public but still exists. Courts, police and some government agencies can often still see it.^1,2,4

The Texas State Law Library says an order of nondisclosure does not completely clear a record. The offense is sealed from public view, but some agencies, including law enforcement, still have access. In Ohio, sealed records are kept in a separate file and the proceedings are considered not to have occurred, but law enforcement can use them for new criminal investigations. Florida says the public cannot see a sealed record, while certain government entities can see the sealed information in its entirety.

Texas: expunction vs. order of nondisclosure

Texas separates the two. An expunction is a complete removal of the records, while an order of nondisclosure seals the offense from public view but leaves it visible to some agencies.^1,5

The State Law Library says orders of nondisclosure do not completely clear records, and that law enforcement and some other agencies still have access. Someone with a sealed offense may no longer have to disclose it on job and housing applications. TexasLawHelp adds that each nondisclosure order covers only the offense named in it. It also says the waiting period before you can apply ranges from 180 days to five years, depending on the offense.

Ohio: sealing vs. expungement (R.C. 2953.32)

Ohio lets people ask a court to seal or to expunge many convictions under R.C. 2953.32. Sealing keeps the record in a separate file, and expungement destroys it.^2,6

Per the Supreme Court of Ohio, sealed proceedings are deemed not to have occurred, but law enforcement and government officials can still use the record for new investigations, and employers in law enforcement, schools and health care can see it. Expunged records are not visible to employers, except that the state keeps a record to check eligibility for law enforcement jobs. Expungement of a felony takes much longer than sealing. For a fourth- or fifth-degree felony the wait is 1 year after final discharge to seal and 11 years to expunge.

New Jersey: expungement

In New Jersey, an expunged arrest or conviction is deemed not to have occurred, and the person can generally answer questions about it accordingly.^7,8

The state courts' expungement flyer says that if an expungement is granted, with certain exceptions, the offense is considered not to have occurred. The state Public Defender's expungement pamphlet says that once records are expunged, you can answer no when a future employer asks if you have a criminal record. It lists exceptions, including jobs with the judiciary, corrections or law enforcement, whose agencies can still access the records. Out-of-state charges are not expunged. The pamphlet also says that after the State Police finish processing, fingerprint-based background checks will no longer show the record.

California: dismissal under Penal Code 1203.4

In California, a dismissal under Penal Code section 1203.4 is often called an expungement, but it does not erase or seal the record. The conviction stays in the court record and shows as dismissed.^9,10,11

The California Courts Self-Help Guide says true expungement does not exist in California. Sacramento Superior Court says a dismissal does not seal your record or destroy or remove any entries in the court file, and that a dismissed case still appears on background checks marked as dismissed. The statute releases the person from all penalties and disabilities of the offense, with exceptions. The dismissed conviction can still be pleaded and proved as a prior conviction in a later case.

Pennsylvania: limited access (sealing) and expungement

Pennsylvania has expungement and a form of sealing it calls limited access. A limited access order keeps the record from individuals and non-criminal-justice agencies while leaving it available to criminal justice agencies or other government agencies.^12,13

A Pennsylvania Supreme Court committee report says a limited access order bars the courts and the Administrative Office of Pennsylvania Courts from giving the covered information to individuals, non-criminal-justice agencies or internet websites. State law treats expunged and limited access records alike on disclosure: a person generally cannot be required to disclose the record and may respond as if the offense did not occur, except where federal law requires an employer to consider criminal history.

Michigan: set aside

Some states use other words for the same idea. Michigan calls it setting aside a conviction, and after a set-aside the person is considered not to have been previously convicted, with exceptions.^14,15

Michigan's exceptions include sex offender registration for listed offenses, and the set-aside conviction may still be counted as a prior conviction if the person is charged with a repeat offense. Fines and costs paid are not refunded. A person can apply to set aside no more than three felonies, and the waiting periods are 3, 5 or 7 years from the end of the sentence or supervision, depending on the conviction.

Washington: vacate

Washington uses vacating. When a court vacates a misdemeanor conviction, it dismisses the case, and the person may state that they were never convicted of that crime.¹⁶

Under RCW 9.96.060, the court lets the person withdraw a guilty plea, enters a not-guilty plea, dismisses the charge and vacates the judgment. The person is then released from the penalties and disabilities of the offense. Violent offenses and several other offenses are barred, and the state may use some vacated domestic violence convictions in a later prosecution in limited cases.

New Hampshire: annul

New Hampshire uses annulment. An annulled record is treated in all respects as if the person had never been arrested, convicted or sentenced, and the court records are sealed.¹⁷

Under RSA 651:5, the State Police remove the annulled record from the criminal records unit, and a person may be asked about a past record only in terms such as whether they have a record that has not been annulled by a court. Annulment does not destroy everything: the court that later sentences the person may consider the prior conviction, and law enforcement may keep arrest and conviction records for legitimate investigative purposes.

Connecticut: erasure

Connecticut uses erasure. By statute, a person whose record has been erased is deemed never to have been arrested for those proceedings and may say so under oath.¹⁸

Connecticut's law bars the clerk and law enforcement from disclosing erased records to anyone except the person, with narrow court-ordered exceptions such as a false arrest lawsuit.

Police, prosecutors and courts often keep access to sealed records, and some licensing boards and other government agencies can see them too. The exact list differs by state.^2,5,17

In Ohio, law enforcement and government officials can use a sealed record for new criminal investigations. Employers in law enforcement, schools and health care can also see sealed records. TexasLawHelp says some state agencies and licensing boards can still get information about a sealed Texas offense. In New Hampshire, even an annulled conviction can be considered by a court that sentences the person for a later crime, and law enforcement may keep records for legitimate investigations.

For state and local arrests, the FBI sends expungement and sealing questions to the State Identification Bureau of the state where the offense happened, because laws vary by state. It removes federal arrest data only at the request of the agency that submitted it or on a court order that specifically states expungement.¹⁹

The FBI says the submitting agency is responsible for making sure the removal request follows federal law. If an Identity History Summary looks wrong, you can challenge it by identifying the inaccurate information and giving supporting documents, with fingerprints for identification. The FBI says there is no fee and the average response time is within 45 days.

Immigration authorities may still treat an expunged conviction as a conviction. The USCIS Policy Manual says an expunged record of conviction does not remove the underlying conviction.²⁰

The Policy Manual says a judgment vacated because of a constitutional or statutory defect in the case is not considered a conviction for immigration purposes. A conviction dismissed for another reason, such as completing a rehabilitative program, still counts. USCIS also says an applicant remains responsible for getting their records even if they have been expunged. Immigration cases turn on the exact basis for the order, so the state's label for the order does not settle the question.

It can. Clearing a record in court does not by itself guarantee a private screening company drops it, but federal law requires screening companies to follow reasonable procedures to assure maximum possible accuracy, and the Federal Trade Commission lists reports that include expunged or sealed records as a sign of unreasonable procedures.^7,21,22

The accuracy duty is in section 607(b) of the Fair Credit Reporting Act, 15 U.S.C. 1681e(b). The FTC's guidance for screening companies gives listing criminal records that have been expunged or otherwise sealed as one example of a problem, along with listing the same offense more than once. The FTC page does not say how a company must identify sealed records. New Jersey's Public Defender says an expungement does not guarantee that private criminal record companies clear the record.

In 2021 the Consumer Financial Protection Bureau said name-only matching is not a reasonable procedure under the Fair Credit Reporting Act, but it withdrew that advisory opinion effective May 12, 2025.^23,24,25,26

The advisory opinion was published at 86 FR 62468 on November 10, 2021. It dealt with matching records to the right person, not specifically with sealed or expunged records. The Bureau's May 12, 2025 notice at 90 FR 20084 withdrew a long list of guidance documents, including this opinion. The withdrawal does not change the law. The accuracy duty in 15 U.S.C. 1681e(b) is a statute, and the FTC guidance cited above remains posted. A Senate resolution to overturn the withdrawal, S.J.Res. 140, stalled when a motion to take it up was rejected on May 13, 2026.

Clearing a record with the state does not always clear it from private screening companies. Some states give them a duty to delete, and others leave it to the person to send the order.^5,7,18

New Jersey's Public Defender says an expungement does not guarantee that private criminal record companies clear the record, and that you should give them a copy of the granted order. It says fingerprint-based checks, such as IdentoGO and FBI rap sheets, will stop showing the record once State Police processing is complete. Connecticut requires consumer reporting agencies, background screening providers and similar businesses that bought or bulk-requested court records to permanently delete erased records within 30 calendar days of learning of the erasure. TexasLawHelp says a free service can send copies of an order to private companies.

New Jersey (and Texas)

Often not, but it depends on the state and on who is asking. New Jersey's Public Defender says that after an expungement you can answer no when a future employer asks if you have a criminal record.^1,7

The same pamphlet lists exceptions: applicants for judiciary, corrections or law enforcement jobs, whose agencies can still access the records. It also says out-of-state charges are not expunged by a New Jersey order and must be listed on the expungement application. Texas takes a similar approach to sealing. The State Law Library says a person with a sealed offense may no longer have to disclose it on job and housing applications.

Pennsylvania

In Pennsylvania, a person generally cannot be required or asked to disclose an expunged or limited access record, and if asked may respond as if the offense did not occur. That does not apply when a criminal justice agency asks, or where federal law requires an employer or other screener to consider criminal history.¹³

Section 9122.5 also says expunged or limited access information may not be used by any individual or non-criminal-justice agency for employment, housing or school admission decisions, again except where federal law requires otherwise.

California

In California, a dismissal under Penal Code section 1203.4 does not excuse you from answering some direct questions. You must still disclose the conviction on an application for public office, for a license from a state or local agency, or for a contract with the California State Lottery Commission.⁹

The statute also says the dismissed conviction can be pleaded and proved as a prior conviction if the person is charged with another offense later.

Ohio: yes, with limits

In some states, yes. Ohio allows sealing and expungement of many felonies, but not first- and second-degree felonies or most felony offenses of violence.^2,6

Per the Supreme Court of Ohio, fourth- and fifth-degree felonies are generally eligible. Third-degree felonies are eligible within limits that depend on the person's other convictions. For sealing, the wait is 1 year after final discharge for a fourth- or fifth-degree felony and 3 years for a third-degree felony. For expungement the waits are 11 years (fourth and fifth degree) and 13 years (third degree) after final discharge.

New Jersey: yes, with exclusions

New Jersey generally allows expungement of a conviction for a crime (an indictable offense) after five years, but it excludes some offenses entirely.^7,27

N.J.S.A. 2C:52-2 sets the wait at five years from the most recent conviction, with the clock also tied to paying court-ordered financial assessments, finishing probation or parole, or release from incarceration, whichever is latest. The section excludes crimes such as homicide and kidnapping. The Public Defender's pamphlet also lists robbery, arson and sexual assault among the convictions that cannot be expunged.

Iowa: misdemeanors only

In other states, no. Iowa's conviction-expungement section, Iowa Code section 901C.3, applies only to misdemeanor convictions.³

The section requires that more than eight years have passed since the conviction, that no criminal charges are pending, that the person has not previously received two deferred judgments, and that all fines, fees, costs and restitution are paid. A person can use it only once in their lifetime. It excludes certain misdemeanors, including some traffic, alcohol, sex-offense and assault-related convictions. Section 901C.2 separately covers cases that ended in acquittal or dismissal, including felony charges, but the chapter has no section for expunging a felony conviction.

Florida: not for convictions

Florida does not allow sealing or expunging the record of a felony conviction. The Florida Department of Law Enforcement (FDLE) says people who have been convicted (adjudicated guilty) of a felony are not eligible.⁴

FDLE says an application will be denied if the person has been adjudicated guilty, as an adult, of any criminal offense in any jurisdiction, even one unrelated to the record they want cleared. A withhold of adjudication is treated differently: FDLE says a record that is ineligible for expungement because adjudication was withheld may become eligible after it has been sealed for 10 years. The public cannot see a sealed or expunged record. Certain government entities can see a full sealed record, while for an expunged record they are told only that it was expunged and need a court order to see it.

Ohio

It varies by state and court, and court pages usually give step deadlines instead of a total time. In Ohio, the court holds the hearing no less than 45 and no more than 90 days after the application is filed.^2,6

Under R.C. 2953.32, the court notifies the prosecutor at least 60 days before the hearing, and the prosecutor's objections are due no later than 30 days before the hearing. Neither the statute nor the Supreme Court of Ohio's guide gives a total time from filing to the end of the process.

California

California courts do not give a single timeline either. Sacramento Superior Court schedules a felony dismissal hearing 90 days after filing, while a misdemeanor not on probation is reviewed without the person appearing.^10,28

Sacramento's page says misdemeanors on probation need an appearance. San Luis Obispo Superior Court says the prosecutor has 30 days to respond to a misdemeanor petition, and that cases are generally decided on the forms without a hearing unless the judge orders one. San Luis Obispo says felonies need a formal motion. Neither page gives a total processing time, and a person without a stamped return envelope or electronic consent form may get no notice of the decision in San Luis Obispo.