Expungement vs. Sealing vs. Set-Aside: What's the Difference?

Expungement, sealing, and set-aside all offer relief from a criminal record, but they are not the same remedy and they are not synonyms. Expungement typically destroys or legally eliminates a record so it is treated as if it never existed. Sealing hides the record from public view while it continues to exist. A set-aside withdraws the guilty finding without necessarily erasing the underlying case file. A fourth option — a certificate of rehabilitation — does not touch the record at all but removes specific legal disabilities. The critical catch: these terms carry no fixed federal definitions, and the same word can mean something entirely different from one state to the next. Whether any of these remedies helps you, and how much, depends almost entirely on your state's current law and the type of conviction involved.

The Four Main Types of Record Relief

Expungement

In the states that offer it, expungement is generally the strongest remedy. When a record is expunged, the intent is typically that the arrest or conviction is treated as if it never occurred — the record is destroyed, returned to the petitioner, or removed from court and law-enforcement files. In most situations, the person can truthfully answer "no" on applications asking about prior convictions, though exceptions exist: many states still require disclosure for certain professional licenses, law-enforcement jobs, working with children, or federal applications.

Eligibility rules and practical effects vary dramatically by state. Some states permit felony expungements after a waiting period; others limit expungement to misdemeanors or arrests that did not result in a conviction. The waiting period, any filing fee, the list of ineligible offenses (DUI, domestic violence, and sex offenses are commonly excluded), and the actual scope of relief all differ. Check your specific state's current statute — never assume it works the same way you read about in a different state.

Sealing

When a record is sealed, it is not destroyed — it still exists in the system, but it is removed from public view. Most employers and landlords running a routine background check will not see a sealed record. However, certain agencies and employers — often law enforcement, education, or positions requiring security clearances — may still access it. A sealed record can sometimes be reopened if you commit a new offense.

Some states use "sealing" and "expungement" interchangeably, or offer one but not the other, or offer both with different eligibility thresholds. In a handful of states, sealing is the only available remedy. Read your state's current statute to understand exactly what sealing does and does not accomplish where you were convicted.

Set-Aside (and Vacatur)

A set-aside — sometimes called a vacatur or withdrawal of plea — means the court withdraws the guilty finding. This does not erase the record. The underlying case and arrest typically still appear on background checks; the record simply reflects that the conviction was later set aside. Some states use set-asides primarily to remove collateral consequences, like restoring certain civil rights, even though the public record remains. How much practical help a set-aside provides depends entirely on your state's law.

Certificate of Rehabilitation or Relief from Disabilities

A certificate of rehabilitation (or "certificate of relief from disabilities" in some states) is a court or administrative order that formally acknowledges rehabilitation and removes specific legal barriers — such as occupational license bans or certain firearms disabilities — without erasing or sealing the underlying record. The conviction still appears on background checks, but the certificate may limit how employers or licensing boards can use it against you. Availability and effect vary by state.

How a Pardon Differs

A pardon is an act of executive forgiveness — it is not the same as erasing a record. The U.S. Constitution, Article II, § 2 gives the President the power to pardon federal offenses only; state convictions are pardoned by the governor or a state pardons board under each state's own law. A pardon typically restores certain civil rights but does not erase the record, which can still appear on background checks. Some states pair a pardon with an expungement for the strongest combined relief, but that is not automatic or universal.

Why the Distinctions Matter

Firearms and Federal Law

This is one of the highest-stakes areas. Federal law at 18 U.S.C. § 921(a)(20) provides that a conviction does not count as a disqualifying felony under federal firearm law if the person has been pardoned, had the conviction expunged or set aside, or has had civil rights restored — unless that relief expressly provides that the person may not possess firearms. The Supreme Court's "all-or-nothing" rule in Caron v. United States, 524 U.S. 308 (1998) means that if a state restores most rights but still bars any category of firearm, federal law treats firearm rights as not restored at all.

A sealing alone generally does not restore federal firearm rights, because sealing typically does not eliminate the conviction — it only hides it. As Logan v. United States, 552 U.S. 23 (2007) clarified, rights that were never taken away in the first place cannot be "restored" within the meaning of that statute. The bottom line: whether any specific state record relief also clears a federal firearm disability requires careful legal analysis. When firearms rights are a concern, consult a licensed attorney in your state before acting.

Employment and Background Checks

Even a valid expungement or sealing order does not automatically scrub old records from every database. Private background-check companies may still carry outdated information. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., gives you the right to dispute inaccurate background-check reports. After your relief is granted, you may need to proactively send the order to major background-check companies and file disputes when old records still appear.

Voting and Other Civil Rights

The right to vote, serve on a jury, and hold public office can all be affected by a felony conviction. The Fourteenth Amendment, § 2 implicitly permits states to disenfranchise people convicted of crimes, which is why these rules vary widely. Maine, Vermont, and Washington, D.C. never remove the right to vote — even incarcerated people can vote there. Most states restore voting rights automatically at some point after release; a few require an additional step such as a pardon or petition. Rules change regularly; check your state's current law.

Federal Convictions: A Much Harder Road

There is no general federal expungement statute. The only narrow federal expungement appears at 18 U.S.C. § 3607(c), which covers certain first-time simple drug-possession offenses by someone under 21 at the time of the offense — a very limited group. For virtually all other federal convictions, a presidential pardon is the primary formal route to relief. A presidential pardon covers only federal offenses, does not erase the record, and does not touch state convictions.

Clean Slate Laws: Automatic Relief in Some States

A growing number of states have enacted "Clean Slate" laws that automatically seal or expunge certain eligible records after a set crime-free period — no petition required. Pennsylvania enacted the first such law in 2018, and several other states have followed. Eligibility thresholds, waiting periods, and which offense types qualify all vary by state. If your state has a Clean Slate law, some of your records may already have been sealed automatically without you receiving formal notice — worth confirming with your state court or a legal-aid organization.

What You Can Do

• Find out what your state actually offers. Search your state court's official website for "expungement," "sealing," or "record relief" to locate the governing statute and eligibility rules. State public-defender offices and legal-aid organizations often publish free plain-English guides.
• Match the remedy to your situation. Expungement (if available) is generally the strongest option; sealing is next; a set-aside or certificate may be all that is available for certain offense types. Your offense, conviction date, and crime-free period all determine eligibility.
• Think about firearms before you file. If restoring firearm rights matters, consult a licensed attorney to confirm whether your state's specific relief satisfies the federal standard under 18 U.S.C. § 921(a)(20) before you act.
• Order your own background check afterward. Once relief is granted, run a background check on yourself. If old records still appear, use the FCRA dispute process and send copies of your relief order directly to the reporting companies.
• Watch for changes in the law. Record-relief laws are amended regularly — an offense ineligible today may become eligible after the next legislative session. Check your state legislature's website or follow a local legal-aid organization for updates.

This page is general legal information, not legal advice, and does not create an attorney-client relationship. Laws governing expungement, sealing, set-aside, and other record relief vary significantly by state and change often. Eligibility, procedures, costs, and effects depend on your state's current law and the details of your individual case. Always verify current rules with your state court's official resources or consult a licensed attorney in your state before making decisions that affect your rights.