What is The Difference Between Sealing and Expungement?
The Law Office of Nicholas P. Frye, P.C. provides dedicated and personalized criminal defense legal representation for clients in the Commonwealth of Massachusetts and the State of New Hampshire, in both State and Federal courts.
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In Massachusetts, people who have been charged with or convicted of a crime may have the opportunity to limit who can see their criminal record. Two primary ways to do this are through record sealing and record expungement.
Although these terms are often used interchangeably, they have very different legal meanings and consequences. Understanding the distinction between them is important when deciding how to move forward.
What Is Record Sealing?
When a record is sealed, it is hidden from public view, but it is not destroyed. The record still exists in the state’s criminal database, but access to it becomes highly restricted.
Once a record is sealed:
- Most employers, landlords, and members of the public cannot see it through the CORI (Criminal Offender Record Information) system.
- You may legally answer “No Record” when asked on a job, housing, or school application whether you have ever been convicted of a crime.
- Certain government agencies, law enforcement, and professional licensing boards can still access the record if it’s relevant to their duties.
Eligibility and Waiting Periods
You may be eligible to seal your record after a certain amount of time has passed since your last conviction, probation, or incarceration:
- Misdemeanor convictions: Eligible after 3 years
- Felony convictions: Eligible after 7 years
- Cases dismissed or resulting in a not guilty verdict: May be sealed immediately
The process typically involves filing a petition to seal through the Commissioner of Probation or the court that handled your case. A judge will determine whether sealing the record serves the interests of justice, especially if the record has negatively affected your employment, housing, or educational opportunities.
What Is Record Expungement?
When a record is expunged, it is completely erased from all criminal databases as if it never existed. Once an expungement is granted, the record is permanently destroyed, and even law enforcement and court officials cannot access it.
Expungement is available only in limited situations. You may qualify if:
- Your case resulted from mistaken identity, fraud, or an error by law enforcement or the courts; or
- The offense occurred before you turned 21, and it meets strict eligibility criteria (for example, it was not a violent or sexual offense, and you have not been convicted of any crimes since).
Because the record is permanently removed, expungement provides the strongest form of relief, but it is also much more difficult to obtain than sealing.
Sealing vs. Expungement: Key Differences
| Feature | Sealing | Expungement |
|---|---|---|
| Effect on Record | Hidden from public but still exists | Permanently destroyed |
| Who Can See It | Police, courts, and certain state agencies | No one |
| Eligibility | Most convictions after waiting period | Limited to specific mistakes or juvenile offenses |
| Waiting Period | 3 years (misdemeanor) / 7 years (felony) | Often immediate if eligible |
| Law Reference | M.G.L. c. 276, §§ 100A–100C | M.G.L. c. 276, §§ 100E–100U |
| Practical Benefit | Improves privacy and job prospects | Erases the record completely |
Why the Difference Matters
While both options can help you move forward, sealing is the more common and accessible option for most people in Massachusetts. It provides real benefits for employment and housing without requiring that the record be destroyed.
Expungement, on the other hand, is reserved for very specific cases, such as when a record exists because of a legal or factual error, or for certain juvenile offenses. If you qualify, it offers the strongest protection, completely eliminating the record from state files.
