How to Get a Criminal Record Sealed

Having a criminal record can create barriers in many aspects of life, including employment, housing, and education. Fortunately, in many states, you have the option to seal your criminal record, effectively making it invisible to most employers and other background check services. However, it’s important to understand the process and requirements to seal your record. This detailed guide will help you navigate this process, providing the necessary information and steps to get started.

1. Understand the Difference Between Sealing and Expungement

Before you begin, it’s crucial to understand the difference between sealing and expungement, as both processes have distinct outcomes.

• Sealing a Criminal Record: When your record is sealed, it still exists, but it’s hidden from the public eye. Most background check services won’t be able to see it. However, law enforcement agencies, certain government agencies, and other authorized entities may still access your sealed record.
• Expungement: Expungement is a more permanent solution. It completely erases your criminal record as if the offense never happened, and it is no longer accessible to anyone. Expungement is often harder to obtain and is typically available for specific offenses.

For a deeper understanding of expungement vs. sealing, refer to our article, The Legal Steps to Getting a Record Expunged.

2. Check Your Eligibility to Seal a Criminal Record

Eligibility for sealing a criminal record varies by state and is determined by several factors. The following are key eligibility criteria to consider:

• Type of Offense: Misdemeanors are generally more likely to be eligible for sealing than felonies. In some cases, minor felonies may be sealed after a certain period, but serious felonies often aren’t eligible.
• Time Passed Since Conviction: The time that has passed since the completion of your sentence, probation, or parole may affect your eligibility. Many states require a waiting period (typically between 3-5 years) before you can apply for sealing.
• Subsequent Behavior: Your criminal history and whether you’ve committed any further crimes will also influence your eligibility. Most states require applicants to demonstrate that they have stayed out of trouble since their conviction.

Each state has specific rules and guidelines, so it’s important to check your state’s requirements. For detailed eligibility information, visit the National Inventory of Collateral Consequences of Criminal Conviction.

3. Gather the Required Documents for Sealing

When you begin the process of sealing your criminal record, you’ll need to gather several important documents. This paperwork helps streamline the process and demonstrates that you have met the necessary requirements.

Commonly Required Documents:

• Court Case Number and Docket Sheets: You’ll need to provide official records from the court that handled your case.
• Proof of Sentence Completion: This may include certificates of probation discharge or completion of any required programs.
• Identification Documents: You may need to provide personal identification, such as a government-issued ID or Social Security number.

Pro Tip: Organizing your paperwork ahead of time will make the process faster and may reduce any legal fees associated with your case.

4. File a Petition to Seal Your Record

The next step is to file a petition or application to seal your record with the court that handled your case. This is typically done by submitting an application and paying a filing fee, though the fee may be waived in certain circumstances.

Steps Involved in Filing a Petition:

• Complete the Petition/Application: This will include basic personal information, details of your conviction, and a request to seal your record.
• Pay the Filing Fee: Some states charge a filing fee to process the petition. Be sure to check whether the fee is mandatory or if you can apply for a fee waiver based on financial hardship.
• Submit the Petition: File the petition with the court and ensure that all the required documents are included.

For more detailed guidance on managing legal filings and understanding fee structures for criminal defense cases, read A Guide to Fee Structures for Criminal Defense Cases.

5. Attend the Court Hearing (If Required)

In some cases, the court may schedule a hearing to review your petition to seal your criminal record. During the hearing, a judge will consider several factors:

• Your Rehabilitation Efforts: The judge will review your actions since the conviction to determine if you’ve shown significant rehabilitation.
• Prosecutor’s Objection: If the prosecutor objects to your petition, the judge will review their reasons for opposition.
• Public Interest: The judge will decide if sealing your record is in the public interest and whether it will affect public safety.

If you’re concerned about your case or need legal assistance, consider consulting with an experienced criminal defense attorney. To understand how lawyers can help in criminal cases, read How a Lawyer Can Challenge Evidence in a Criminal Case.

6. Notify Relevant Agencies After the Order is Granted

Once the court grants your petition to seal your criminal record, it’s important to notify all relevant agencies, such as:

• Police Departments
• Court Clerks
• State Repositories of Criminal Records

This ensures that the sealed record is updated in state databases, preventing it from appearing in future background checks.

7. Seek Legal Help for a Smooth Process

While it’s possible to file the petition on your own, hiring a lawyer experienced in criminal defense can significantly improve your chances of success. An attorney can:

• Ensure Paperwork Accuracy: Lawyers are skilled at completing legal paperwork and ensuring all necessary documentation is included.
• Represent You in Hearings: If a court hearing is required, an attorney can represent you and advocate for your case.
• Offer Expert Advice: Navigating the legal system can be complex, but a lawyer can guide you through the process, increasing your likelihood of a favorable outcome.

For resources to find a lawyer, check the Legal Services Corporation or contact your local bar association.

Key Takeaways: Sealing Your Criminal Record Can Restore Privacy and Opportunities

Sealing a criminal record is a powerful tool that can help you move on from past mistakes, regain privacy, and open doors to better job prospects, housing, and education opportunities. While the process has specific requirements, it is achievable with proper preparation and, in some cases, the help of a skilled criminal defense attorney.

Remember, each state has different rules for sealing records, so make sure you understand your state’s eligibility criteria before you begin the process. If you have any questions or need legal assistance, don’t hesitate to reach out to an experienced attorney who can guide you through the process.