What is the difference between an expungement and sealing a record?

Expungement vs. Sealing a Criminal Record in Pennsylvania: What’s the Difference?

In Pennsylvania, the terms expungement and record sealing (technically known as an Order for Limited Access) refer to two distinct legal remedies used to protect individuals from the long-term consequences of a criminal record.

What Is an Expungement in Pennsylvania?

An expungement means the criminal record is completely erased and removed from all relevant government databases. When a record is expunged, it no longer exists—so it will not show up in criminal background checks, and there’s no record to find or disclose.

What Is an Order for Limited Access (Record Sealing)?

A sealed record still exists, but it is hidden from public view. Under an Order for Limited Access, the general public—including most employers and background check agencies—cannot access the sealed record. However, law enforcement, prosecutors, and judges can still view sealed records when evaluating future charges or plea deals.

Why Is Expungement Better Than Sealing a Record?

In most situations, having no record at all is far better than having a sealed record. That’s why anyone with a criminal history should first explore whether they qualify for an expungement. If expungement is not possible, record sealing is still a valuable alternative, as it helps prevent the record from appearing in background checks.

Example:

Imagine someone was convicted of a summary offense for Retail Theft but stayed out of trouble for five years. Under Pennsylvania law, they may be eligible to expunge the conviction. If expunged, it’s as if the conviction never happened—meaning it would not be used against them if they face new charges.

However, if the conviction was only sealed, it could still appear to police, prosecutors, or judges, who might use it to argue for harsher penalties or deny participation in diversion programs. A sealed record may protect against public access, but it does not erase the conviction from the justice system’s view.

Need Help with Expungement or Record Sealing in Pennsylvania?

If you’re unsure whether you qualify for expungement or limited access, the experienced attorneys at JD Law can help. We’ll review your criminal history, explain your legal options, and guide you through the process.