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Expungements

Expungement vs. Sealing vs. Set-Aside: What Is the Difference?

People often use “expungement” to mean any process that clears a criminal record. In practice, states use different terms and the legal effect of each remedy can be very different.

Quick answerExpungement, sealing and set-aside are labels for different forms of record relief. What matters most is not the label but what the court order changes, who can still see the record and which legal disabilities remain.

Expungement

In some jurisdictions, expungement removes a case from ordinary public access or changes how the conviction is treated. In others, the term may be used more narrowly. There is no single nationwide definition.

Record sealing

Sealing usually restricts public access while preserving the record for certain government, court, licensing or law-enforcement purposes. The exceptions vary by state.

Set-aside or dismissal

A set-aside may alter the legal status of a conviction without literally destroying the record. Some states use dismissal-after-probation statutes; others have automatic set-aside systems for eligible cases.

Why the effect matters

A person may care about employment background checks, housing, professional licensing, immigration, firearm rights or reputational concerns. One remedy may help with one objective but not another.

Start with the disposition

Before searching for “felony expungement,” get the exact conviction statute, court, disposition date and sentence-completion date. Those details determine which state law applies and which remedy is worth pursuing.

General information only. This article is not legal advice and is not permission to possess, receive, transport or purchase a firearm. Verify the current law and the legal effect of your actual court orders.
Nick Somberg
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Nick Somberg

Somberg Law

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