What is Sealing (records)?

Sealing of Criminal Records

Quick Answer

Sealing records refers to the legal process of making a person's criminal record inaccessible to the public. This means that, while the record still exists, it cannot be viewed without a court order, allowing individuals to move on from past offenses.

Overview

Sealing records is a legal procedure that helps individuals who have been convicted of a crime to hide their criminal record from public view. This process is particularly important for those who want to reintegrate into society, as a criminal record can create barriers to employment, housing, and other opportunities. When records are sealed, they are not destroyed; instead, they are kept confidential, which means that only certain entities, like law enforcement or specific employers, may access them under particular circumstances. The process of sealing records typically involves filing a petition with the court, where the individual must demonstrate that they have met specific criteria, such as completing their sentence and having no further legal issues. Once the court grants the sealing, the records are essentially hidden from public databases and general inquiries. For example, if someone was arrested for a minor drug offense but has since turned their life around, sealing their record can help them secure a job without the stigma of their past affecting their chances. Sealing records is significant in the context of criminal law as it promotes rehabilitation and second chances. It recognizes that people can change and that past mistakes shouldn't forever define their future. By allowing individuals to keep their criminal history private, the law encourages them to contribute positively to society without the constant reminder of their past mistakes.

Frequently Asked Questions

Who is eligible to have their records sealed?

Eligibility for sealing records usually depends on the type of offense and the completion of the sentence. Generally, individuals who have committed non-violent crimes and have not re-offended may qualify for this process.

How does sealing records differ from expungement?

Sealing records makes them inaccessible to the public but does not erase them entirely, whereas expungement completely removes the record from public databases. Each process has different legal implications and requirements.

Can sealed records be accessed by employers?

In most cases, employers cannot access sealed records during background checks. However, certain positions, especially in law enforcement or other sensitive fields, may still require disclosure of sealed records.