What’s the difference between expunged vs. sealed records in New Jersey

New Jersey has two ways of limiting who has access to criminal records: expungement and sealing. Expungement completely removes a conviction or arrest from an individual’s record. However, sealing a record simply makes it invisible to the general public while still allowing some organizations access. 

A criminal record can significantly reduce your chances of accessing housing, higher education, and some employment opportunities. If you would like to limit access to your criminal record, understanding the difference between expunged and sealed records can help you know your options.

What Is Expungement?

When you have a criminal record expunged in New Jersey, the record becomes essentially invisible within the public record. After an expungement, you have no legal obligation to disclose any past arrests or convictions during almost any application process.

What Is a Sealed Record?

While an expungement essentially erases your criminal record completely, having a record sealed does not. Instead, sealing a record makes accessing it much more challenging for the general public. That makes applying for most jobs and rental properties much more straightforward, as a sealed record will not appear for anyone performing a background check.

What Are the Benefits of Having a Record Expunged or Sealed?

When you have a criminal record sealed or expunged, you can feel relieved of the burdens of your past. A record sealing or expungement can allow you access to opportunities that are unavailable to many people with visible criminal records, such as:

• Employment opportunities – One of the biggest obstacles for people with criminal records is finding stable employment. Many employers are hesitant to hire someone with a conviction history. Having a record expunged opens up more job prospects across a broader range of fields.
• Housing – Landlords frequently deny housing applications from people with criminal records. Expungement or sealing can make qualifying for an apartment rental or mortgage much more straightforward.
• Education – Admission to colleges, graduate programs, professional schools, or certification programs often requires a background check. An expunged or sealed record improves your chances of furthering your education.
• Financial options – A past conviction can negatively affect your ability to get loans or other financial services. Expungement can help increase your access to credit cards, loans, and other financing you may need.
• Travel and immigration – Some countries bar or limit entrance for people with criminal records. Record sealing and expungement can remove this obstacle for international travel or immigration.
• Gun ownership – Gun laws often prohibit purchasing or possessing firearms for those with a criminal history. You may be able to get necessary permits with an expunged or sealed record.
• Peace of mind – Perhaps most importantly, expungement or sealing provides tremendous emotional relief and peace of mind. You can move forward in life unburdened by past mistakes.

Who Can See an Expunged or Sealed Record?

The ability to view an expunged record is only possible in extremely limited cases. In addition to mandatory disclosure, if you apply for a government or legal system job, your expunged criminal record may also be available to law enforcement officers and prosecutors if you face charges for future crimes.

Sealed records are visible to a slightly larger group, including parties who request them by court orders, law enforcement officers, and government agencies. Employers in fields such as education, childcare, and finance may also have a right to view these records.

Can Expunged Records Be Found in Background Checks?

One of the main benefits of expunging a criminal record in New Jersey is that it will not appear on most background checks performed by potential employers or landlords. Once a record is expunged, it is removed from the public record. Most background check services will not find any trace of it.

However, there are some exceptions. Government agencies, law enforcement, and corrections departments may still have access to expunged records in certain circumstances. An extremely thorough background check by a government employer could uncover an expunged record. However, these types of checks are rare for most private employers. For nearly any job, an expunged record will not appear on a typical background check.

What Is Required to Have My Record Expunged?

You must meet certain criteria to have your criminal record expunged. In most cases, this includes a five-year wait after a conviction, payment of a court-ordered fine, completion of probation or parole, or release from prison or jail. However, convictions for some offenses are ineligible for expungement. These crimes include:

• Murder
• Sexual assault
• Arson
• Robbery
• Kidnapping
• Perjury

Will I Need to Disclose an Expungement on a Job Application?

A significant advantage of having your record expunged in New Jersey is that you are not obligated to disclose the expunged offense, arrest, or conviction on a job or housing application. However, exceptions may include applications for a position with the government, judicial system, law enforcement, or corrections.

For most other types of employment and applications, you can honestly answer “no” if asked about prior arrests, convictions, or offenses. Your expunged record is invisible to the general public. You can apply for jobs, apartments, and schools without worrying about the impact of any previous encounters with the law. You can even request gun permits without being hindered by the burden of your past mistakes.

Contact a New Jersey Expungement Practitioner

If you are tired of the mistakes of your past defining your future, a New Jersey expungement lawyer can help you understand what steps you can take to remove prior arrests and convictions from your criminal record. The New Jersey expungement attorneys at the Law Office of Jason A. Volet understand how important it is for those with criminal backgrounds to have a second chance at life. Mr. Volet has years of experience working as both a prosecutor and a defense attorney, so he thoroughly understands both sides of the law. Our legal team uses this knowledge to fight for the rights and liberties of the valued members of our community.

Contact a member of our team today for a free consultation to learn more about how we can help you look toward a brighter future.

Visit Our New Jersey Expungement Law Offices

About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.