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Deletion of a criminal record completely destroys it, while document sealing makes it generally unavailable but can still be opened upon request. Cancellation is a civil process where a document is destroyed and treated as if it never occurred. Requirements must be met for successful deletion, and there is usually a waiting period. Sealed records can still be accessed by certain individuals. Lockdown and purge laws vary by region and crime, and individuals should consult with an attorney for options.
Deletion is the destruction of a criminal record or an entry in a criminal record. People sometimes use this term when they mean “document sealing,” to refer to making a criminal record generally unavailable. When a record is actually deleted, however, it is completely destroyed and cannot be made available again. Sealed registers, on the other hand, can be opened, and can in fact be opened to comply with specific requests. For example, a sealed juvenile record could be used in the sentencing assessment of an adult offender.
The cancellation process is civil in nature, with the person who wants a deed or documents canceled applying to the court to request that the document be destroyed. If the request is granted, the material is destroyed and removed and the event is treated as if it had not occurred. Someone who was arrested for shoplifting as a teenager with a cleared criminal record, for example, could legally claim he was never arrested, if asked for in a job application. However, there may be some instances where individuals are required to disclose the nature of deleted records.
There are certain requirements that must be met in order for an application to be successful. Crimes can be extremely difficult to clear and, in some jurisdictions and situations, cannot be cleared at all. In most cases, someone generally needs to be a first-time offender with a good record.
There is usually a waiting period as well. Someone cannot, in other words, receive a guilty verdict and then turn around and seek deportation. Instead, several months or years must pass before the application can be filed. The judge may opt to dismiss the elimination request on the grounds that the person has no criminal record, that the offense recurred after the initial offense, and for other reasons.
In the case of document sealing, aspects of someone’s legal record may be under seal, meaning they are not generally available. A sealed legal record was literally sealed with a brand, explaining the origins of the term. As with expungement, offenses in the record are treated as if they never occurred. However, a sealed legal record can still be accessed by certain individuals, such as law enforcement officers, upon request. In some regions, records that have been sealed for a certain period of time can be automatically deleted.
Lockdown and purge laws vary by region and by crime. Individuals interested in having adverse events removed from their criminal records should discuss their options with an attorney. There may be several options available and an attorney may have specific advice for the client.
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