What is expungement in the United States?
Expungement is a court-ordered process that seals or destroys criminal records, removing them from public access. Eligibility and effect vary enormously by state. In some states, expungement completely destroys the record; in others, it is sealed but still accessible to law enforcement, immigration authorities, and some licensing boards. Federal convictions cannot be expunged under current federal law.
Can federal convictions be expunged?
No. There is no federal expungement statute for adult criminal convictions. Federal courts have held they lack inherent authority to expunge criminal records except in very narrow circumstances (e.g., an arrest that did not result in conviction). For federal convictions, the only relief available is a presidential pardon or a sentence reduction under 18 U.S.C. 3582.
Does expungement clear a record for immigration purposes?
Generally no. For immigration purposes, even an expunged conviction is still treated as a conviction under the Immigration and Nationality Act (INA). This means an expunged drug conviction, for example, can still make a non-citizen inadmissible or deportable. Expungement provides relief in state law contexts but does not eliminate the immigration consequences of a conviction.
What is the difference between expungement and record sealing?
Expungement typically destroys or orders the physical destruction of records; sealing restricts access but the record still exists. In practice, many states use the terms interchangeably. The key question is who can still see the record after the order -- generally law enforcement and some licensing boards retain access even after expungement or sealing.