What's the difference between getting your record sealed and expunged?
Asked by: Filiberto Cummings Sr. | Last update: September 1, 2025Score: 4.1/5 (3 votes)
A sealed record is not accessible by anyone other than certain law enforcement personnel. This means, for example, if a potential employer runs a background check, a sealed record will not come up. An expungement involves removing the record completely.
Is a sealed record the same as an expunged record?
Summary: Record sealing is only available for an adult arrest that did not result in a conviction, or most juvenile criminal records. Criminal record expungement is the only relief available if a conviction occurred, as an adult criminal conviction can never be sealed in California.
What crimes cannot be expunged in Utah?
- a capital felony, first degree felony or "violent felony" (defined in Utah Code 76-3-203.5(1)(c)(i))
- felony automobile homicide.
- felony DUI (under Utah Code Section 41-6a-501(2))
- a registerable sex offense (under Utah Code Section 77-41-102(17)) or.
Will a sealed record show up on a gun background check?
FBI for background checks related to firearms. Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
How much does it cost to seal or expunge a record in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
What is the difference between sealing and expunging your criminal record?
Will a sealed record show up on a background check Florida?
Sealed Records Are Kept Confidential
According to section 943.059, Florida Statutes, sealed records remain in existence but become confidential. In other words, while the records are still technically “there,” they are far less accessible than they would be otherwise.
What records Cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
Can the FBI see expunged records?
Will expunged records show up on an FBI background check? It is possible. Although records that undergo expungement should not appear in most systems, the federal government's background check processes work differently.
How far back does a background check go for a firearm?
The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.
Does expungement remove fingerprints?
Yes – your fingerprints will still be on file at both the state and federal levels. That's because fingerprints are physical records, and expungements do not destroy them. At the state level, your fingerprints won't be connected to your expunged case, but they could still be used to identify you.
Can a judge 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.
How long do felonies stay on your record in Utah?
Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years. Class A misdemeanors: 5 years.
Can all felonies be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
Can an employer see a sealed record?
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. On the other hand, expunged records refer to criminal records that have been erased from the legal system altogether.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
How far back do most background checks go?
Employment background checks can typically go back as far as seven to ten years, though that timeframe can vary depending on the type of check, the position being applied for, industry regulations and state or local laws.
What shows up on a gun background check?
Mental health information and information about drug and alcohol abuse is reported to federal and state databases of prohibited purchasers. Criminal history information, including relevant juvenile delinquencies, warrants, and orders of protection, are reported to federal and state databases of prohibited purchasers.
What disqualifies you from owning a gun in the US?
Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors or if they are subject to certain court orders related to domestic violence or a serious mental condition.
How do I know if my record is expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Do expunged records show up on nics?
The NCIS database can only see records submitted to it by other law enforcement agencies and state courts. The existence of some sealed records may not have been made available to NICS and, therefore, would not show up on the background check. This may have been what happened when you ran your own background check.
What is the difference between expungement and sealing in Florida?
Both sealing and expunging criminal records allow you the opportunity to deny the arrest ever occurred. In both instances, these records are no longer available to the public. Expunged records are physically destroyed. Sealed records are hidden from public view.
What is the Second Chance Act in Florida?
The Second Chance Act (SCA) supports state, local, and tribal governments and nonprofit organizations in their work to reduce recidivism and improve outcomes for people returning from state and federal prisons, local jails, and juvenile facilities.
Can I access my own sealed records?
You are generally eligible to see your own sealed records. If your court records were expunged, they may have been destroyed. If your records are sealed, you can go to court and request your complete record. You can also talk to your criminal defense lawyer for help getting access to your records.
How much does it cost to expunge your record in Florida?
Most law firms charge between $1500-2000.00 for a record sealing or expungement, and charge you extra for attorney travel, mailing costs, copying costs, etc.