For the millions of Americans with criminal records, past mistakes can create seemingly permanent barriers to employment opportunities. Even minor offenses from decades ago can continue to appear on background checks, limiting career options and financial stability. Fortunately, legal remedies exist that can help remove these barriers: record sealing and expungement.
At Nisar Law Group, we regularly help clients navigate the process of clearing their records and addressing employment discrimination. Understanding how record sealing and expungement work—and how they affect your employment prospects—can be transformative for your career opportunities.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
Understanding Record Sealing and Expungement
While often discussed interchangeably, record sealing and expungement are distinct legal remedies with different effects and availability depending on your location and circumstances.
Record Sealing
Record sealing restricts access to your criminal record, making it invisible to most private employers and the general public. When a record is sealed, it no longer appears on most standard background checks, and the public cannot access it through court record searches. You can legally answer “no” to most employment questions about sealed records, though law enforcement and some government agencies may still access it. The record still exists but is protected from public view.
Think of sealing as placing your record in a secure envelope that most people cannot open. The record continues to exist but is shielded from ordinary view.
Expungement
Expungement is a more complete remedy that typically results in the actual erasure or destruction of the record. When a record is expunged, it is removed from court and law enforcement databases and will not appear on any background checks. You can legally deny the record ever existed in virtually all contexts, and even government agencies generally cannot access it. In most states, it’s as if the arrest or conviction never occurred.
Expungement essentially rewrites history from a legal perspective, allowing you to start fresh without the burden of a criminal record.
Key Differences
The practical differences between sealing and expungement include accessibility (sealed records remain accessible to certain agencies while expunged records are typically gone permanently), legal status (sealing hides the record while expungement treats it as if it never existed), and disclosure requirements (some specialized positions may require disclosure of sealed records, while expunged records rarely require disclosure).
The specific effects and availability of these remedies vary significantly by state. What’s called “expungement” in one state might be more like sealing in another, so understanding your state’s specific laws is crucial.
Eligibility: Who Can Clear Their Record?
Eligibility for record sealing or expungement varies widely by jurisdiction, but some common factors influence whether you qualify:
Type of Offense
Most states consider the severity and nature of the offense when determining eligibility. Misdemeanors are generally easier to seal or expunge than felonies, and non-violent offenses usually have broader eligibility than violent crimes. Drug possession often has specific, sometimes more lenient, eligibility criteria, while sex offenses and serious violent felonies frequently have limited or no eligibility. Juvenile records typically have more generous eligibility criteria.
Some states categorically exclude certain offenses from eligibility, while others review eligibility case-by-case.
Waiting Periods
Most jurisdictions impose waiting periods before you can apply for record clearing. For misdemeanors, this is typically 1-5 years after completion of sentence, while felonies generally require 3-10 years, if eligible at all. Some states allow immediate sealing if charges were dismissed, and juvenile records are often eligible when you reach adulthood or after shorter waiting periods. Diversion programs may be eligible upon successful completion.
The waiting period is usually measured from the completion of your entire sentence, including probation, parole, and payment of fines and restitution.
Clean Record Requirements
Most jurisdictions require that you maintain a clean record during the waiting period. This means no new criminal convictions (sometimes specifically no felonies), no pending criminal charges, completion of all sentencing requirements, payment of all fines, restitution, and court costs, and compliance with any other court-ordered conditions.
Even minor new offenses during the waiting period can reset the clock or permanently disqualify you in some states.
Special Circumstances
Some states have created pathways for people who might otherwise be ineligible:
- Certificates of rehabilitation can be available even when expungement is not
- Gubernatorial pardons may create eligibility in otherwise excluded cases
- Special provisions for human trafficking victims who committed crimes as a result of being trafficked
- Marijuana-specific expungement in states that have legalized or decriminalized cannabis
- Clean slate laws that provide automatic record clearing after certain periods
These alternative pathways can be critical for those who don’t qualify under standard eligibility criteria.
The Process: How to Seal or Expunge Your Record
While processes vary by jurisdiction, most record clearing procedures follow similar steps:
1. Obtain Your Criminal Record
Before beginning, you’ll need to know exactly what’s on your record. Request your criminal history from the state police or repository, obtain court records for each case you want to address, and review arrest records from relevant law enforcement agencies. Identify all charges, dispositions, and case numbers, and verify completion of all sentencing requirements.
This comprehensive record review ensures you address all eligible records and confirm your eligibility.
2. Determine Your Eligibility
Once you have your complete record, evaluate your eligibility under local law. Research your state’s specific eligibility criteria, identify which offenses qualify for sealing or expungement, verify that required waiting periods have elapsed, and confirm you have no disqualifying subsequent offenses. Determine if you’ve satisfied all court-ordered requirements.
Many states have online eligibility tools or self-help guides through their court systems.
3. Prepare and File Your Petition
The formal request for record clearing typically involves completing jurisdiction-specific petition forms, gathering supporting documentation, drafting any required personal statements or explanations, obtaining qualifying certificates or evidence of rehabilitation, and paying required filing fees (though fee waivers may be available).
These materials must be filed in the court where your case was handled or according to your state’s procedures.
4. Notify Relevant Parties
Many jurisdictions require notification of certain agencies, including the prosecutor’s office that handled your case, law enforcement agencies involved in your arrest, victims in some cases, state criminal record repositories, and other interested parties specified by statute.
This notification gives these parties an opportunity to object to your petition if they choose.
5. Attend Hearings (If Required)
Some jurisdictions require court appearances for preliminary hearings to establish eligibility, evidentiary hearings if facts are disputed, or final hearings where a judge makes a determination. You may need to provide character witness testimony or have an opportunity to explain rehabilitation efforts.
Not all jurisdictions require hearings for uncontested petitions, but be prepared for this possibility.
6. Implement the Order
Once granted, you’ll need to ensure the order is properly implemented. Distribute copies of the order to relevant agencies, verify that records are actually sealed or expunged, follow up if records continue to appear incorrectly, obtain certification of expungement for your records, and check private background check databases.
This follow-through is critical—simply obtaining the order doesn’t guarantee proper implementation.
Employment Effects: How Record Clearing Benefits Job Seekers
The primary reason many people pursue record clearing is the positive impact on employment opportunities. Here’s how sealing or expungement affects your job search:
Background Check Results
When your record is successfully sealed or expunged, most standard employment background checks will show no record, and private background check companies should not report sealed or expunged records. Records should not appear in court database searches, though employers using FBI fingerprint checks may still see sealed (but not expunged) records in some states, and some specialized industries may have access to sealed records through statutory exceptions.
The practical effect is that most employers will never know about your cleared record, opening doors that might otherwise remain closed.
Legal Rights When Applying for Jobs
Record clearing provides important legal protections during the job application process. For most positions, you can legally answer “no” when asked if you have a criminal record if it’s been sealed or expunged. If an employer somehow discovers and uses a sealed/expunged record against you, you may have legal recourse. Background check companies that report sealed or expunged records may be violating federal law. Even for positions requiring disclosure, you can explain that the record was deemed worthy of clearing.
These legal rights help level the playing field in the job market.
Exceptions and Limitations
It’s important to understand that record clearing has some limitations. Many professional licensing applications require disclosure of even sealed or expunged records, and some government positions require disclosure of all records regardless of status. Federal security clearance applications typically require disclosure of all records, legal and healthcare fields often have broader access to criminal history information, and foreign countries may still access sealed U.S. criminal records when making visa determinations.
Understanding these exceptions helps you set realistic expectations about what record clearing can and cannot accomplish.
Industry-Specific Considerations
The impact of record clearing varies by industry. Retail and service industries typically won’t see sealed/expunged records on standard background checks and generally see immediate benefit from record clearing. Financial services may have regulatory requirements regarding certain offenses, though record clearing is still beneficial for many positions. Healthcare licensing boards often require disclosure, with different standards applying to clinical versus non-clinical positions. Education employees often undergo more intensive background checks, with statutory exceptions for certain offenses varying significantly by state and position type. Transportation positions, especially commercial driving, often have specific regulations, though record clearing is still beneficial for many logistics positions.
Understanding these nuances helps target your job search toward positions where your cleared record provides the most benefit.
Beyond Clearing: Additional Strategies for Employment Success
While record clearing is powerful, complementary strategies can further improve your employment prospects:
Documentation of Rehabilitation
Prepare evidence of your positive trajectory since the offense, including educational achievements and certifications, steady employment history with positive references, community service and volunteer work, letters of recommendation from respected community members, and completion of relevant treatment or counseling programs.
This documentation can be persuasive even in situations where disclosure is required.
Understanding Ban the Box and Fair Chance Laws
Many jurisdictions have enacted laws that provide additional protections. “Ban the Box” laws delay criminal history inquiries until later in the hiring process, fair chance hiring laws require individualized assessment of criminal records, and some laws mandate consideration of rehabilitation evidence. These protections apply regardless of whether your record is cleared and provide additional legal recourse against discrimination.
These laws can work alongside record clearing to create multiple layers of protection.
Certificates of Relief/Rehabilitation
In jurisdictions where full expungement isn’t available, alternative remedies like Certificates of Relief from Disabilities, Certificates of Good Conduct, Certificates of Qualification for Employment, Certificates of Rehabilitation, or judicial determinations of rehabilitation may help.
These documents don’t clear your record but can restore rights, remove automatic barriers, and signal to employers that a court has officially recognized your rehabilitation.
Federal Bonding and Tax Credits
Practical tools that can make you more attractive to employers include the Federal Bonding Program, which provides free fidelity bonds that guarantee employee honesty, and Work Opportunity Tax Credits, which offer substantial tax benefits to employers who hire people with records. These programs provide financial incentives that can offset perceived risk, are available regardless of record clearing status, and can be particularly effective with small and medium-sized employers.
Being aware of these programs allows you to present them as benefits to potential employers.
Recent Reforms: Expanding Access to Record Clearing
The landscape of record clearing is evolving rapidly, with significant reforms expanding access in many states:
Clean Slate Legislation
A growing number of states have adopted “Clean Slate” laws that provide automatic record clearing. Pennsylvania became the first state to implement automated record clearing in 2018, and Utah, Michigan, Connecticut, Delaware, Colorado, and others have followed. Eligible records are automatically sealed without requiring petitions, allowing millions more records to be cleared through this approach as the movement continues to expand to additional states.
These automated approaches vastly increase access to record clearing for those who qualify.
Marijuana-Specific Reforms
States that have legalized or decriminalized cannabis have often created specialized expungement provisions. Some states automatically expunge eligible marijuana convictions, while others provide simplified petition processes. Many have broader eligibility criteria for marijuana offenses, some include provisions for reducing felonies to misdemeanors, and several address related offenses like paraphernalia charges.
These targeted reforms recognize the shifting legal status of marijuana and its disproportionate enforcement.
Broader Eligibility Criteria
Many states have expanded record clearing eligibility by increasing the number of eligible offense categories, shortening waiting periods, creating new pathways for felony record clearing, simplifying the petition process, and reducing or waiving filing fees.
These reforms reflect growing recognition of the collateral consequences of criminal records and their impact on reentry.
Getting Help: Resources for Record Clearing
Navigating the record clearing process can be challenging, but resources are available:
Legal Aid and Pro Bono Services
Free or low-cost legal help may be available through Legal Aid organizations focusing on reentry issues, law school clinics specializing in expungement, bar association pro bono programs, court-based self-help centers, and reentry programs with legal services components.
These resources can provide crucial guidance through the complex process.
Expungement Clinics and Events
Many communities offer periodic events focused on record clearing, such as one-day expungement clinics where volunteer attorneys provide assistance, “clean slate” days at courthouses with expedited processing, community-based workshops to help complete paperwork, virtual clinics providing remote assistance, and partnership events between legal and community organizations.
These events often provide efficient service for straightforward cases.
Private Attorneys
For complex cases or when facing obstacles, a private attorney can provide valuable assistance with experience navigating the specific local process, strategic guidance when eligibility is unclear, representation at contested hearings, help addressing unusual circumstances, and follow-up to ensure proper implementation.
Many attorneys offer reasonable flat fees for record clearing services or initial consultations to evaluate your situation.
Conclusion: Taking Control of Your Future
Record sealing and expungement offer powerful tools for overcoming the employment barriers created by a criminal record. By legally removing or restricting access to past mistakes, these remedies can open doors to opportunities that might otherwise remain closed.
The process may seem daunting, but the potential benefits—better job prospects, increased earning potential, and freedom from the shadow of past mistakes—make it worthwhile for most eligible individuals. With expanding eligibility in many states and increasing automated approaches, record clearing is becoming more accessible than ever.
At Nisar Law Group, we’re committed to helping our clients navigate the record clearing process and address employment discrimination related to criminal records. Whether you’re seeking to clear your record or facing discrimination despite having done so, we can provide the guidance and advocacy you need.
Your past mistakes don’t need to determine your future opportunities. Contact us to discuss your specific situation and explore how record clearing might help you move forward with confidence in your career and beyond.
