SEALING/EXPUNGEMENT
When an individual is arrested, there is a criminal record that is created at the local jail, the local courthouse, and the local police department. This arrest record is available for potential employers, the government, and the general public to observe even if your criminal case is closed or the charges are later dropped. The only way to remove this record is to have an attorney seal or expunge the criminal arrest with the court.
Sealing and expunging are two terms that are used interchangeably, but have very important legal distinctions. Sealing allows the criminal file to be sealed from public view. Exungement allows for the criminal file to be physically destroyed. While sealing and expunging a file is predicated on the outcome of the criminal case, both allow the client to reach their ultimate goal of preventing others from accessing their prior arrest.
Sealing
Sealing a case means that the criminal file is sealed in an envelope and not accessible to public. An individual is eligible to have only one of their prior cases sealed if they received a withhold of adjudication on that case and has never been adjudicated guilty on any other case. Thus, sealing a case is differentiated from an expungment because in a sealing, the defendant pleas guilty or no contest in the case and receives a withhold of adjudication. In an expungment, the defendant never enters a plea, rather he has the charges either dismissed or has a jury find the defendant not guilty (see expungment).
Therefore, if an individual pled guilty or no contest to a burglary charge in 2010 and received a withhold of adjudication, and later on in 2012 also pled guilty or no contest to a possession of marijuana charge and received a withhold of adjudication, that individual would be able to select which one of the two cases he would want sealed. If however, he was adjudicated guilty of the burglary, but received a withhold of adjudication on the possession of cannabis, he would not be eligible to have either case sealed because of the prior adjudication.
Once a case is sealed, an individual does not have to disclose the fact that he was ever arrested or charged with that specific offense, but for a few exceptions. In the previous example, if the individual was received a withhold of adjudication on both the burglary and the possession of cannabis case, and elected to seal the burglary, he would not have to disclose that he was arrested for the burglary, but would have to disclose his arrest for the possession of cannabis.
One important caveat is that not all crimes can be sealed. Certain crimes, mostly dealing with sex crimes, are not eligible for sealing.
Expungement
Expunging a case means that the criminal file is destroyed. An individual can expunge a case under any of the following two scenarios:
1. The State Attorney’s Office decided not to file formal charges against you after you were arrested; or
2. The State Attorney’s Office filed formal charges against you, but dismissed them before trial.
Thus, sealing deals with individuals who have pled no contest or guilty to an offense and received a withhold of adjudication, whereas, expungement deals with individuals who had their case either no billed (not formally filed) by the state or dropped before trial.
One important caveat is that not all crimes can be expunged. Certain crimes, mostly dealing with sex crimes, are not eligible for expungement.
Expungment is usually the preferable route to have your case removed from public viewing because the file is physically destroyed. However, in some scenarios, sealing a file might be the client’s only option.
At the Law Office of Bhavik Patel, we can help you seal or expunge your prior case and get that fresh start you deserve. Contact us today and we can petition the court to have your case sealed or expunged from public viewing.