What is better, sealed or expunged?
Asked by: Elisa Watsica | Last update: July 4, 2026Score: 4.1/5 (8 votes)
Expungement is generally better than sealing because it results in the destruction or total removal of a criminal record, allowing you to legally state you were never arrested or convicted. Sealing only hides records from public view, but they remain accessible to law enforcement and certain government agencies.
Is sealing better than expungement?
The key difference between expunging a person's criminal record and sealing it is that a sealed record still “exists” in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.
Do sealed records show on FBI?
➢ Sealed cases are currently reported on FBI records. ➢ Most employers are not allowed to get your FBI record. ➢ You will know if you are getting an FBI check because you will have to provide fingerprints.
Is sealing a record worth it?
Life After Sealing
Once your record is sealed, it won't show up in most background checks. That means fewer rejections and more peace of mind when applying for work, housing, or loans. That said, sealed records can still be seen by certain agencies—like law enforcement or licensing boards.
Why would someone's record be sealed?
Records are commonly sealed in a number of situations: Sealed birth records (typically after adoption or determination of paternity) Juvenile criminal records may be sealed. Other types of cases involving juveniles may be sealed, anonymized, or pseudonymized ("impounded"); e.g., child sex offense or custody cases.
Top 4 Reasons Why You Can't Get Your Record Sealed or Expunged
Are you still a felon after 20 years?
No, felony convictions do not automatically disappear after any time period. They remain permanently on your criminal record unless you successfully petition for expungement, sealing, or receive a pardon. The seven-year rule applies only to certain employment reporting restrictions, not record existence.
Can you pass a level 2 background check with a sealed record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can a judge still see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.
What's better, a pardon or expungement?
Expungement is generally better for clearing a criminal record to pass background checks, while a pardon is better for restoring civil rights (like voting or gun rights) after a serious felony. Expungement erases or seals the record, whereas a pardon forgives the crime but often leaves the conviction on record.
Can I work for FBI with expunged records?
Yes. Some federal agencies, law enforcement roles, and high-security or public-trust positions may require you to disclose expunged records and will see your full criminal history. Expungement still shows that your case was dismissed, which can be helpful, but it does not guarantee approval for these types of jobs.
Can I get a federal job with an expunged record?
Generally, expunged or sealed records should not show up on a federal background check. But some types of employment, particularly those involving national security, may require disclosure of all interactions with law enforcement, including expunged records.
What does sealed mean on a background check?
Sealed records refer to criminal records that are hidden from the general public. This means that if an employer conducts a standard background check, they will not be able to see any information about past arrests or convictions that have been sealed.
What makes the feds watch you?
In most cases, a federal investigation is triggered by the filing of a credible crime report. Sometimes, it may also commence as a result of information law enforcement agents receive from defendants in pending criminal cases who are hoping to receive leniency (i.e., cooperators).
What happens when a record is sealed?
Sealing criminal records blocks access and hides them from the general public and most background checks. However, the police department may still be able to see your prior criminal charges in a police background check.
Is it better to have charges dismissed or dropped?
Having charges dismissed is generally stronger from a legal standpoint because it means the court has reviewed the case and ruled it should not continue. This could make it easier to get the record sealed or expunged. Dropped charges might still show up on your criminal history, especially if there was an arrest.
Is a sealed case the same as expunged?
In the State of California, a true expungement does not exist. However, many people are eligible to have negative court records sealed from public view after a certain amount of time or after specific criteria are met.
Are you still a felon if you are pardoned?
Yes, a person who is pardoned is still technically a convicted felon, as a pardon does not erase the legal record of the conviction, nor does it imply innocence. It is an act of forgiveness that restores civil rights (like voting or holding office) and relieves legal punishments, but the historical fact of the crime remains on their record.
What crimes cannot be pardoned?
Under the U.S. Constitution, a president cannot pardon offenses in cases of impeachment, nor can they pardon state-level crimes. Presidential pardon power is restricted solely to federal offenses. Additionally, a president cannot issue pardons for future, uncommitted crimes and cannot pardon convictions from state or local jurisdictions.
What crimes can be expunged in the US?
States have their own laws outlining which crimes are eligible for expungement. Some states only allow misdemeanors and misdemeanor convictions to be expunged. Other states allow the expungement of felony convictions, except for serious or violent crimes. Most felonies, in general, are difficult to expunge.
Why does my record still show after expungement?
One of the most common reasons is data mining by private companies. These companies collect public records from courthouses while a case is still pending — before an expungement can be filed. Even when the court officially expunges your case, the update is not automatically shared with these third-party databases.
Can you clean your record?
Yes, you can often "clean" or "expunge" your criminal record in California, which dismisses convictions and helps remove barriers to employment, housing, and professional licensing. The process generally involves filing a petition in the county of conviction, usually following the successful completion of probation.
Can cops see expunged records?
Police and other law enforcement agencies can access an expunged record only for certain purposes, such as if you apply for a law enforcement job or certification. In fact, if you seek employment as a police officer or similar role, you are required to disclose expunged convictions during the background process.
What employers can see sealed records?
Sealed records remain visible to law enforcement and courts if you're arrested or charged with a new offense. However, most private-sector employers will not see sealed records when they conduct pre-employment background checks.
What are major red flags on a background check?
Major background check red flags include significant discrepancies between resumes and reality (false job titles/degrees), undisclosed criminal records, failed drug tests, and poor credit history for financial roles. Inconsistencies, such as lying about employment dates, are often viewed as dishonesty, while multiple recent DUIs or violent offenses pose risks to safety and compliance.
What jobs can you not hold as a felon?
Professions in certain industries: some jobs require workers to exercise due diligence or are otherwise placed in a position of trust. This means that some jobs in the banking, insurance and health care industries may not be available to convicted felons.