When dealing with the consequences of a criminal conviction, two legal remedies often come up in conversation: criminal record sealing and expungement. Though they both serve to limit public access to your criminal history, these processes are not the same. Understanding their differences is essential for anyone looking to clear their record in California.
Whether you’ve been arrested, convicted, or completed a diversion program, knowing whether expungement or sealing your record is the best path forward can significantly improve your life. This guide will walk you through how each works, what they offer, and which one is right for your situation.
Criminal Record Sealing
What Is Criminal Record Sealing?
Criminal record sealing is a legal procedure in California that hides your criminal record from public view. When your record is sealed, it’s as if the arrest or case never existed for most purposes. Landlords, employers, and the general public won’t be able to see sealed cases in background checks. However, law enforcement and some government agencies can still access them.
When Is Criminal Record Sealing Available?
Criminal record sealing in California is typically available under the following circumstances:
You were arrested but never charged
Charges were dropped
You were found not guilty
You completed a pretrial diversion program
Your conviction was reversed on appeal
At Anshi Notary, we assist clients in identifying their eligibility for sealing their records and navigating the paperwork and court process involved.
What Are the Benefits of Criminal Record Sealing?
The biggest advantage of criminal record sealing is privacy. It allows individuals to move forward without the constant burden of an arrest or cleared case showing up in background checks. This can improve chances of employment, housing, education, and professional licensing.
What Is Expungement?
Expungement Defined
Expungement is the process of dismissing a conviction after successful completion of probation or other court requirements. Unlike sealing a record, expungement doesn’t remove the case from your record. Instead, it updates the record to show that the conviction has been dismissed.
How Expungement Works in California
Expungement is available for those who did not serve state prison time and completed all sentence terms. Once approved, the conviction is changed to a dismissal. This means you can legally answer “no” when asked if you’ve been convicted of a crime on most job applications.
Expungement provides a form of relief, but unlike sealing your record, the record is still visible to the public in some instances.
Criminal Record Sealing vs. Expungement: Key Legal Differences
Visibility to the Public
One of the most significant differences between expungement and sealing your record is public access. With expungement, the conviction still appears in many types of background checks but is marked “dismissed.” With sealing, the record is hidden entirely from public view in most cases.
Types of Cases Eligible
Expungement is primarily for convictions where probation was granted. Sealing is often used for cases that didn’t result in a conviction, such as arrests without charges or acquittals.
Impact on Government Agencies
Both remedies have limitations when it comes to government entities. Expunged and sealed records may still be considered by immigration officials, professional licensing boards, and courts. However, sealing generally provides a higher level of privacy in non-government settings.
Legal Language and Paper Trail
Expungement modifies the record with language like “dismissed pursuant to Penal Code 1203.4,” while sealing the record entirely makes it inaccessible to most.
Which One Should You Choose?
When Expungement Makes More Sense
If you have a conviction and completed all court-mandated conditions, expungement is the right legal avenue. It’s especially helpful if you’re applying for a job or professional license where showing that you took responsibility and completed your sentence could work in your favor.
When Criminal Record Sealing Is the Better Option
If you were never convicted, or the case was dismissed, sealing your record can give you a fresh start by virtually erasing the paper trail. It’s more effective for people who want to completely remove all evidence of an arrest or charge from public access.
At Anshi Notary, we work with individuals to determine whether sealing or expungement is the better choice. Our expert services include document preparation, court filing assistance, and mobile notary support for a smooth process.
Recent Changes in California Law
Assembly Bill 1076
As of 2021, California now provides automatic record relief for certain offenses under AB 1076. However, automatic sealing or expungement doesn’t apply to all cases, and delays are common. Filing proactively for sealing or expungement remains the faster and more reliable path.
Proposition 47 and Record Clearing
Prop 47 reclassified some felonies as misdemeanors, making more people eligible for expungement and even sealing their records in cases involving reduced charges. These changes increase the importance of understanding your rights and options.
Services Offered by Anshin Notary
At Anshin Mobile Notary & Livescan, we specialize in helping clients with both sealing and expungement. Our services include:
Expungement Filing
We handle everything from eligibility screening to document preparation and court filings for those looking to clear a conviction.
Criminal Record Sealing Assistance
We help you petition the court for sealing, prepare declarations, and follow up with law enforcement agencies to ensure compliance.
Mobile Notary Support
When legal paperwork needs to be notarized, our mobile notary service comes directly to you for added convenience.
Personalized Support
We don’t believe in one-size-fits-all solutions. Every case is different, and we take the time to understand your goals so we can offer targeted assistance.
FAQs About Criminal Record Sealing and Expungement
Is criminal record sealing permanent?
Yes, once granted, criminal record sealing is typically permanent unless a court later orders otherwise. This makes it more comprehensive than expungement for eligible cases.
Can sealed records be used in court?
Yes, sealed records can still be accessed by the court system, law enforcement, and in some legal proceedings. However, they are shielded from public view and most employers.
Does criminal record sealing restore gun rights?
No. Sealing your record does not restore your right to possess firearms if it was revoked. You’ll need to pursue a separate legal remedy for gun rights restoration.
How long does criminal record sealing take?
The process of sealing your record can take 3 to 9 months depending on court schedules, document readiness, and whether a hearing is required. We help streamline the process to avoid unnecessary delays.
Can you seal a record if you were convicted?
Generally, no. Sealing your record is intended for cases without convictions. If you were convicted, expungement is typically your best option.
Is criminal record sealing better than expungement?
It depends on your circumstances. Sealing offers more privacy, but only for non-conviction cases. Expungement is essential if you were found guilty and want to show that the case was resolved.
Do I need a lawyer for criminal record sealing?
No. With services like those offered at Anshin Mobile Notary & Livescan, you can file for sealing your record without hiring an attorney. We offer professional document preparation and filing support.
Final Thoughts on Clearing Your Record
When it comes to rebuilding your life, few steps are more impactful than clearing your criminal history. Whether through expungement or sealing your record, taking control of your record is empowering and opens new opportunities for employment, housing, and personal growth.
But the process can be confusing and time-consuming without guidance. That’s why partnering with a professional service like Anshi Notary is so valuable. We make the process easier, faster, and more effective.
If you’re unsure about your eligibility or which option is best for you, don’t wait. Reach out to Anshin Mobile Notary for expert support with sealing your record and expungement today.
