Expungement vs. Sealing: What is the Difference for Criminal Records

Beyond the immediate issues that come with an arrest and a charge, criminal records can undermine your future. In Texas, there are certain options available for dealing with criminal records. This raises an important question: What is the difference between getting criminal records expunged and sealed? The short answer is that expungement (expunction) is an erasing of criminal records, whereas sealing merely restricts access to those records to certain limited parties. In this article, our Richardson criminal defense attorney provides a more comprehensive guide to the key things you should understand about criminal records in Texas. 

You Should Protect Your Criminal Records to the Maximum Extent Possible

Why should you take action to limit access to your criminal records to the maximum extent possible under the law? There are many different reasons. Criminal records—even an arrest record that never resulted in a formal criminal charge—can have adverse consequences. It could impact your future in several ways, including in regard to education, employment, professional licensure, and even housing. A mistake—or even worse, an unjustified arrest—should not undermine your future. By proactively clearing your criminal records to the greatest degree possible in Texas, you will put yourself in the best position to succeed. 

Know the Terms: Expungement and Sealing

You may hear people mistakenly use the terms “expungement” and “sealing” interchangeably. However, they are not synonyms. They are legal terms with legal meanings. In Texas, a person seeking to conceal their criminal records has two different options available to them. Whether either option is available to you depends on your specific circumstances. Here is an overview of the most important things you should know about concealing criminal records in Texas: 

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  Expungement Criminal Records (Expunction): Expungement—officially referred to as “expunction” in Texas—is a legal process that completely eradicates criminal records as if the offense never occurred. In other words, when a criminal record is expunged, the person regains the legal right to deny the occurrence of the arrest or prosecution. It is a comprehensive option. Put another way, expunction means that records are erased. 
• Sealed Criminal Records (Non-Disclosure): The sealing of criminal records—officially referred to as “non-disclosure” in Texas—is a legal process that does not erase the criminal record but restricts who can access it. Essentially, it seals the record from the public eye, making it inaccessible to private parties conducting background checks, such as employers or landlords. Only law enforcement and other officials can access sealed records. Put another way, non-disclosure means that records are sealed. 

Understanding these legal definitions, you probably already know that expungement is a better option than getting records sealed. Why does anyone get records sealed instead of expunged? The answer is the expunction is an option that is available in a smaller number of cases in Texas. 

What You Need to Know About Your Ability to Qualify to Get Criminal Records Expunged

Expungement (expunction) is the very best option for getting your criminal records erased in Texas. Understanding eligibility for expunction in Texas is paramount for those seeking to clear their records. Unfortunately, not every person who has criminal records that they want to keep out of the public eye is eligible for expunction in our state. In general, your ability to qualify for expunction hinges on a few critical factors. You may qualify if any of the four following conditions are met: 

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  You have an arrest record, but you were never formally charged with a criminal offense; 
• You have an arrest record and criminal charges, but the case was dropped without trial; 
• You have an arrest record, were charged, went to trial, and were acquitted; or
• You have a criminal conviction on your record for which you were later exonerated.

What You Need to Know About Your Ability to Qualify to Get Criminal Records Sealed

What if you do not meet the standard eligibility requirements to get your criminal records expunged in Texas? You are not necessarily out of luck. Those sensitive criminal records may still qualify to be kept out of public view through the Texas non-disclosure process. The process to seal a criminal record—which, once again, is officially referred to as an order of non-disclosure—is more lenient compared to expunction. You may qualify for non-disclosure in Texas if any of the two following conditions are met: 

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  You entered deferred adjudication probation and successfully completed the terms; or
• You went through deferred adjudication and completed the required waiting period. 

Wiping the Slate Clean in Complicated: A Criminal Defense Attorney Can Help 

Cleaning up your criminal records is not easy. Not only does Texas have strict eligibility requirements, but you will also need to put forward compelling supporting documentation—and satisfy—all procedural regulations to get your records expunged or sealed. You do not have to figure out the system alone. At JBABB Law, we are armed with an in-depth understanding of Texas criminal law, and we provide solutions-focused guidance and support to help our clients find answers. 

The journey to wiping the slate clean after an arrest can be stressful and confusing. Cookie-cutter legal representation is not good enough in these cases. You need a Texas criminal defense attorney who can review your specific circumstances, answer your questions, assess your eligibility for expunction and/or non-disclosure, and develop a plan of action to obtain the best possible outcome. We are devoted to helping clients pave the way for new beginnings and restored opportunities.

Call Our Richardson, TX, Criminal Defense Lawyer for a Confidential Consultation 

At JBABB Law, our Richardson criminal defense attorney is a future-focused, solutions-driven advocate for clients. If you have any questions about expungement or the sealing of criminal records more broadly, we are here to help. Contact our criminal defense team today for your completely confidential case review. From our Richardson legal office, we provide criminal defense services in Collin County, Dallas County, and all across the entire region in North Texas.