Are you looking to start your life with a clean state? Making a mistake is a natural part of life, but no matter how hard you’ve worked to turn your life around, having a misdemeanor on your record can hold you back. Thankfully, expungement and sealing are two ways to help you restart your life, but what are the differences?
These two terms are frequently used interchangeably but they actually represent distinct processes in criminal record management. In this latest blog, we explore what the two terms mean, and which is the more appropriate for a misdemeanor record.
What is an expungement?
An expungement is the legal process that completely erases a criminal record. This is a comprehensive approach that fully removes your past mistakes, as if the arrest and conviction never happened. Your record will be fully removed from both physical and electronic databases, allowing you to start with a genuinely clean slate.
However, not all jurisdictions offer expungement, and the eligibility criteria are very strict. This means it is far harder to get your record expunged, and individuals are expected to meet a greater range of conditions.
What is sealing a record?
Sealing a record is a slightly different process. This option does not completely erase your criminal record but instead hides it from public view. That means that while the record will remain in existence, it will be restricted so that only law enforcement and government agencies will be able to see your history when conducting a background check.
Criminal misdemeanor sealing in Texas is more widely available compared to expungement, with a broader range of convictions eligible and fewer restrictions.
What’s the difference?
When looking at the differences between expunging or sealing a misdemeanor in Texas, there are three distinguishing factors:
- Record visibility
While both options will prevent future employers and landlords from viewing your past, expungement results in the complete destruction while sealing will limit access to your record.
- Level of erasure
Expungement is a more comprehensive form of relief, as your full criminal record will be obliterated. While sealing provides a measure of privacy, it does still leave the actual record intact which means it can still be accessed by certain parties.
- Availability and eligibility
Finally, the third factor is the availability and eligibility of each option. Expungement is often more restricted and reserved for specific offences and situations and requires individuals to pass more stringent conditions. Sealing usually has less restrictive eligibility and can be more widely applicable.
Which is right for you?
When it comes to deciding which option is best for you, there are a number of factors that need to be considered. Our team here at Seal My Misdemeanor will be able to help provide you with the legal advice and insight you need to make the best decision for your life.
With over two decades of experience working with clients across the legal spectrum, our mission is to help you secure the fresh start you deserve. Want to find out more about how we can help you? Contact our team today.