If you have a criminal record you have likely come across a lot of specialized terms related to the legal process. Record clearance options like expungement, sealing, and pardons each have a slightly different effect on criminal records, and are called different things in different states. The language used in the legal system sometimes makes it difficult for people to understand what options are available to them, or what impact a record clearance remedy might have on a background check, ability to get a job, or move forward with their life. In this guide, we’ll help put that confusion to rest by comparing and explaining the most common types of record clearance and their impact on a person’s life.
Pardon
A pardon is one of the most widely-offered forms of record clearance, but it’s not easy to get. On the state level, whether a pardon is granted is often up to the Governor, along with a Board of Pardons and Parole. On the federal level, it must be obtained by the President of the United States. A pardon is one of the most comprehensive forms of relief available, meaning it applies to many types of charges and is very thorough.
Comparing Pardons’ Effects
What a pardon does is not universal and can vary widely by state. Generally, a pardon is meant to forgive a crime and reduce or remove its legal impact. Often, pardons are available for crimes that are more violent or serious, and otherwise ineligible to be cleared under expungement and sealing statutes. In some states, obtaining a pardon is a path to a full expungement, and can result in limiting access to or removing a record. Pardons are a great option for people who have evidence of rehabilitation and have been crime-free and out of the system for quite some time, but due to the length or severity of their crimes, they are ineligible for other forms of record clearance.
Eligibility
Pardons may be the only option for individuals with more serious records and typically, most people are allowed to ask for a pardon, even if they have committed a violent crime. Unlike sealing and expungement laws that have set statutory eligibility, pardons are usually decided through a review process rather than strict legal rules. Many Boards of Pardons and Parole use informal guidelines, like how much time has passed, the impact of the crime on the victim(s), and evidence of rehabilitation, to decide whether or not to grant a pardon. There are few hard and fast rules about who can get a pardon, although many states have a list of factors the board or Governor will consider in determining who obtains one.
Expungement
Expungement is another common and effective form of record clearance. It offers thorough relief, but that means it comes with strict rules. Expungement is available in many states, and the way it works can change depending on where you live and what the language of law provides. In states where expungement is an option, it is a key part of many clearance strategies.
Comparing Expungement’s Effects
What an expungement does depends on the state where it is granted, but it usually considered the most effective form of record relief. Under the Fair Credit Reporting Act, background check companies are required to remove expunged cases from background checks. These effects make expungement one of the most effective clearance options available.
Eligibility
Because expungement is a strong form of relief, many states place limits on what level and types of crimes you can expunge. Often, serious offenses are not eligible at all. Sometimes, if a person is convicted of a serious offense, their entire record might be ineligible for expungement. Waiting periods are also common, meaning a certain amount of time must pass before you are eligible. These rules are very state-specific, so it is important to review your State’s laws or explore the information in our learn section to understand what applies to your case.
Sealing
Record sealing is also a widely-offered clearance option. In states where sealing is an option it limits who can view a record, but does not completely remove the record. Because of that, the effects of sealing often sit between expungement and lesser forms of relief. The specific name for and effects of sealing can also change depending on where you live, so pay special attention to what the record clearance option you're looking at actually does.
Comparing Sealing’s Effects
Sealing a record usually removes it from court records and makes it inaccessible to the general public. Under the Fair Credit Reporting Act, it should also stop background check companies from disclosing your record on a report. This means that employers, landlords, and others running standard background checks should not be able to see cases that you’ve sealed. Unlike many expunged records, however, sealed records will still be visible in some situations and may still be accessible to law enforcement or prosecutors.
To make matters more confusing, sealing is not even always called “sealing” under some laws. For example, in Pennsylvania, the State issues an “Order of Limited Access,” which has many of the same effects as sealing. Sealing also does not exist everywhere. In Utah, for example, the court handles all forms of record clearance through expungement rather than sealing. Even so, when sealing is available it is a great option that leads to real opportunity.
Eligibility
Eligibility requirements for sealing are often slightly less strict than those for expungement. Still, there are a lot of factors that impact whether you will be eligible to seal your record. These include:
- The type of case you are trying to seal
- Which other cases, if any, appear on your record
- How many total cases you have
- How much time has passed since you were involved in the criminal justice system
While the exact rules differ from state to state, most states that offer sealing use similar legal requirements to decide who qualifies. You can check our learn section to see if your state offers sealing, and to get more specific information on eligibility.
Comparing Other Solutions
Not all record clearance options fit neatly into the categories of pardon, expungement, or sealing. Many states offer additional remedies that are more specific than the types outlined above. These options have a lot of variation in eligibility and effects. On the whole, these other solutions can still be great options to reduce the impact a record has in your life.
Automatic Processes
Some states have passed “Clean Slate” or similar laws that allow records to be cleared automatically. This means that people who qualify can clear records without filing a petition or other paperwork. In many cases, automatic clearance results in an expungement or sealing. Because these cases are identified by an algorithm and do not go through a human review process, they often don’t cover all offenses and eligibility rules can be strict. Still, if you qualify for automatic clearance, the government will clear your records for you, saving you the time and expense of hiring a lawyer or doing the work yourself.
Still Visible but Lessened
Other types of relief keep a record visible to the public but reduce its impact. These options often show that a person is going through the rehabilitation process, and limit long-term consequences for people with records. In Arizona, for example, a court can set aside a judgment and issue a Certificate of Second Chance. A set-aside adds a note to the record showing that a judge modified the conviction, and a Certificate of Second Chance allows a person to get a professional license, and provides protections for employers, landlords, and others to incentivize them to provide services to people with criminal records. These options and similar remedies can be very helpful, even though the record is still technically visible. Eligibility for this type of relief can be looser than eligibility for expungement or sealing, but requirements still apply.
Reductions
Some states allow applicants to reduce the severity of criminal charges. In Utah, for example, 402 reductions can lower the degree of a charge if specific conditions are met. This does not remove the record, but it does lessen its impact when applying for jobs, housing, and other opportunities. Reductions can also remove someone from felony status, reduce waiting periods, and make someone eligible for another form of clearance by changing the severity of their record. Reductions sometimes have narrow eligibility rules, but they often play an important role in a broader record clearance strategy.
Tying it all Together
Now that we’ve covered many of the different record clearance options available, we can address some of the muddled language around them. Record clearance laws can use the same word to describe different clearance options. On the flip side, lawmakers can use different words to describe the same clearance option.
Take-Aways
The language around record clearance is complicated because each state writes its own laws. It is important to know that many types of record clearance exist. Also, while the specifics depend on your state, the trends we covered are usually true across state lines. Often it’s more helpful to look at what a clearance option does instead of what it is called. Once you understand what a specific form of clearing does you can start making a plan for moving forward.
Comparing Options With Rasa
Luckily, you don’t have to make sense of your record clearance options on your own. At Rasa, we can determine eligibility for all available remedies and clear records quickly and affordably. By answering a few questions you can learn which remedies are available to you based on your state and that state’s record clearance options. You can start by checking your eligibility today.