Expungement vs. Sealing: What's the Difference?

Expungement vs. Sealing: What's the Difference?

Understanding the difference between expungement and sealing is important. Both processes aim to help people move past their criminal records. However, they work differently and have distinct benefits. Knowing which option is right for you can impact your future.

At SoCal Criminal Defense Lawyer, we help clients navigate expungement and sealing. We understand the complexities of the legal system. Our goal is to provide you with the information and support you need. Let's explore more about expungement vs. sealing: what's the difference?

Expungement vs. Sealing: What's the Difference from our San Bernardino Expungement Lawyer

Expungement in California removes a criminal conviction from your record. This process allows you to legally say you have not been convicted of that crime. Expungement can help improve job prospects and other opportunities. However, certain government agencies can still access the expunged record.

To qualify for expungement, you must meet specific criteria. This usually includes completing probation and not serving a current sentence. Expungement is available for many misdemeanors and some felonies. Understanding these criteria can help you determine your eligibility.

Types of Convictions Eligible for Expungement

Types of conviction eligible for expungement

Many misdemeanors, such as petty theft and public intoxication, are eligible for expungement. Certain non-violent felonies can also be expunged. Completing probation and meeting other requirements is necessary. Consulting with a criminal defense lawyer can help clarify your eligibility.

Not all convictions qualify for expungement. Serious felonies, such as those involving violence, are often excluded. Understanding the types of eligible convictions is essential. Our team can guide you through the process and help determine your options.

What is Record Sealing in California?

Record sealing in California involves hiding a person's criminal record from public view. The record still exists but is not accessible to most employers or landlords. Sealed records can provide a fresh start by limiting who can see your criminal history. However, certain criminal justice agencies, like the police department, can still access them.

Sealing is often used for juvenile offenses and certain adult cases. This process can help protect your privacy. Understanding how sealing works can help you decide if it's the right option. Our legal team can assist you with the process and protect your rights. See the difference a sealed record can make in your life.

Types of Convictions Eligible for Sealing

Juvenile offenses are commonly eligible for sealing, which helps young individuals move forward without a criminal record. Certain adult convictions, such as arrests that did not result in charges, may also be sealed. Understanding eligibility requirements is key.

Sealing is also possible for some non-conviction records. This includes cases where charges were dismissed or you were acquitted. Consulting with a lawyer can help determine if your record qualifies. Our team is here to help you navigate the sealing process.

Key Differences Between Expungement and Sealing

Key difference between expungement and sealing
  • Accessibility: Expunged records are removed from public view, but some government agencies can still access them. Sealed records are hidden from most employers and landlords but remain accessible to law enforcement agencies.
  • Eligibility: Expungement is available for many misdemeanors and some non-violent felonies. Sealing is often used for juvenile offenses and non-conviction records.
  • Process: Expungement requires filing a petition and meeting specific criteria, such as completing probation. Sealing involves a different legal process, often focusing on protecting privacy.
  • Impact on employment: Expungement allows you to legally state that you have not been convicted of the expunged crime. Sealing hides the record from most background checks, improving job prospects.
  • Scope: Expungement removes the conviction from your record. Sealing hides the record but does not eliminate it. Knowing these differences will help you choose the best option for your situation.

Benefits of Expungement

  • Improved employment opportunities: Expungement can open up job prospects by removing convictions from your record. Employers often check criminal records; a clean record makes you a more attractive candidate.
  • Enhanced housing options: Landlords may deny applications based on a criminal record. Expungement could improve your chances of securing housing, leading to better living conditions.
  • Restoration of rights: Expungement can restore certain civil rights, including the right to vote. This can seriously impact your life and opportunities.
  • Social benefits: A clean record can improve your social life by removing the stigma associated with a criminal conviction. This can lead to better relationships and community involvement.
  • Peace of mind: Knowing your record is clean can reduce stress and provide a sense of closure. This peace of mind is invaluable for moving forward with your life.

Benefits of Sealing

  • Privacy protection: Sealing a record protects your privacy by hiding it from most public view. This can prevent employers and landlords from seeing your criminal history.
  • Improved job prospects: Sealed records do not appear on most background checks. This can help you secure employment and improve your career opportunities.
  • Better housing opportunities: Landlords often check criminal records when screening tenants. Sealing your record can increase your chances of finding suitable housing.
  • Reduced stigma: Sealing a record can help reduce the stigma associated with a criminal past. This often leads to improved social relationships and community integration.
  • Focus on rehabilitation: Sealing emphasizes your efforts to move past your criminal history. This can support your personal growth and rehabilitation.

Limitations and Considerations for Each Process

Expungement removes a conviction from your record, but certain government agencies can still access it. While most employers won't see the expunged record, it may still appear in some government-related background checks. Additionally, expungement does not completely erase the conviction; it modifies your record to reflect that it has been dismissed.

Sealing a record hides it from most public view, but it remains accessible to law enforcement and certain other agencies. This can be beneficial for privacy but does not completely eliminate the record. Knowing these limitations can help you make the right choice about which process to pursue.

How Expungement or Sealing Affects Background Checks

How expungement or sealing affects background checks

Expungement erases a conviction from your criminal record. This means it will not appear on most background checks conducted by employers or landlords. Expungement can seriously improve your chances of securing a job or housing.

Sealing a record hides it from most background checks but does not eliminate it. Law enforcement agencies could still see sealed records. Understanding how each process affects background checks can help you choose the best option for your situation.

Discussing Your Record with Potential Employers

When discussing your record with potential employers, honesty is important. If your record has been expunged, you can legally say that you have never been convicted of the expunged crime. This can improve your chances of securing employment.

If your record has been sealed, you may not need to disclose it to most employers. However, certain jobs, such as law enforcement or government positions, may still require disclosure. Understanding your rights and how to discuss your record can help you navigate job interviews effectively.

Steps Involved in Applying for Expungement

  1. Determine eligibility: Check if your conviction qualifies for expungement under California law. A criminal defense lawyer will determine eligibility.
  2. Complete probation: Ensure you have successfully completed your probation, including paying fines and completing community service. This step is important for eligibility.
  3. Obtain court records: Gather all relevant court documents related to your conviction. This includes the case number, charges, and outcomes.
  4. File a petition: Submit a petition for expungement to the court where you were convicted. This involves filling out forms and providing the necessary documentation.
  5. Serve the district attorney: Serve a copy of your petition to the district attorney's office. They need to review and respond to your request.
  6. Attend a hearing: The court will schedule a hearing for your petition. Be prepared to present your case and answer any questions.
  7. Await the decision: The judge will review your petition and make a decision. This process may take some time, so patience is important.

Steps Involved in Applying for Sealing

  1. Determine eligibility: Check if your record qualifies for sealing under California law. Partnering with a lawyer can help you review your eligibility.
  2. Gather records: Obtain all necessary court and arrest records related to your case. This includes the case number and outcomes.
  3. File a petition: Submit a petition to the court to seal your record. This requires filling out specific forms and providing documentation.
  4. Notify the district attorney: Serve a copy of your petition to the district attorney's office. They will need to review and respond to your request.
  5. Prepare for a hearing: The court may schedule a hearing to review your petition. Be ready to present your case and provide any necessary evidence.
  6. Attend the hearing: Attend the court hearing and present your case. Answer any questions the judge may have.
  7. Follow-up: If the court grants your request, ensure all relevant agencies update their records to reflect the sealing.

How SoCal Criminal Defense Lawyers Can Assist You

How SoCal Criminal Defense Lawyers can assist you

Our SoCal Criminal Defense Lawyer team is experienced in handling expungement and sealing cases. We understand the legal requirements and processes involved. We aim to help you achieve the best possible outcome for your situation.

We will assess your eligibility for expungement or sealing and guide you through the application process. Our law office will address all the required paperwork and represent you in court. We provide ongoing support and ensure all records are updated correctly.

Contact Our San Bernardino Expungement Attorney To Discuss Your Options

Contact our San Bernandino expungement attorney to discuss your options

Facing a criminal record can be challenging. We offer a free consultation to discuss your case at SoCal Criminal Defense Lawyer. We will review your arrest record and see if a sealing of criminal records is possible for you. Your life can become much easier with sealed criminal records or even an expunged criminal record. Not every criminal offense is eligible for expungement or sealing. That is why we encourage you to reach out to us as soon as possible and learn more about expungment vs. sealing: whats the difference?

Do you want to get your arrest record sealed? Do you have questions about juvenile records? Contact our criminal law defense firm to schedule a free case consultation.

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