Key Takeaways
When evaluating your post-conviction relief options, remember the two core differences:
- Time: Expungement requires adding an extra 10 years to the standard sealing waiting period (except for minor misdemeanors, which require a 6-month wait).
- Outcome: Sealing hides the record from public view, whereas expungement destroys the record completely.
Understanding Expungement vs. Sealing: Eligibility, Timelines, and Record Destruction
When clients ask me about clearing their criminal record, two terms frequently come up: sealing and expungement. Many people use them interchangeably, but they are distinct legal processes with different requirements and outcomes.
In my practice, I find it essential to explain what can be expunged, when you become eligible, and what happens to your record once the court grants your request.
What Records Can and Cannot Be Expunged?
Before discussing timelines, we must first look at the nature of the conviction. Under the law, certain offenses are strictly ineligible for expungement, while others are eligible depending on the severity and quantity.
Offenses Ineligible for Expungement
- First-Degree and Second-Degree Felonies: I cannot seek an expungement for any F1 or F2 convictions.
- Offenses of Violence: Violent offenses are generally barred from expungement.
- Domestic Violence: Domestic violence convictions cannot be expunged.
Offenses Eligible for Expungement
- Third-Degree Felonies (F3): You can expunge no more than two third-degree felonies. If you have two or fewer F3 convictions, we can pursue expungement.
- Fourth-Degree and Fifth-Degree Felonies (F4 & F5): These lower-level felonies are eligible for expungement.
- Misdemeanors: I can help clients expunge most misdemeanor offenses.
The Waiting Period: Expungement vs. Sealing Timelines
The biggest difference between sealing a record and expunging a record is time. As a general rule, expungement requires an additional 10 years beyond the required waiting period for sealing.
Here is how the timelines break down based on the date of your final discharge (which includes completing all jail or prison time, probation/community control, and paying all required restitution and legal fees):
Offense Level | Sealing Timeline | Expungement Timeline |
Minor Misdemeanors | N/A | 6 months after final discharge |
First-Degree Misdemeanors | 1 year after final discharge | 11 years after final discharge (1 year + 10 additional years) |
Fourth & Fifth-Degree Felonies (F4/F5) | 1 year after final discharge | 11 years after final discharge (1 year + 10 additional years) |
Third-Degree Felonies (F3) | 3 years after final discharge | 13 years after final discharge (3 years + 10 additional years) |
What Happens to the Record?
The second major difference between these two forms of relief lies in how the government handles the actual physical and electronic files:
- Sealing: The court moves the record out of the public eye. While the public, background check agencies, and potential employers can no longer view it, the official record still exists in restricted government databases.
- Expungement: The record is actually destroyed. Once an expungement is granted and fully processed, the record ceases to exist.
Call Harris Law Firm today at 614-887-8958 to schedule a consultation and discuss the merits of your appeal.
Disclaimer
This blog post is provided for informational and educational purposes only, based solely on the provided video transcription. It does not constitute legal advice and does not create an attorney-client relationship. Because every legal case is unique, you should consult with a qualified attorney regarding the specific facts and timelines of your case.
