Expungement vs Sealing — What’s the Difference
Expungement, sealing, set-aside and erasure mean different things — and states use the terms differently. Here is the plain-English breakdown.
If you are trying to clear a criminal record, the first confusion is the vocabulary: "expungement," "sealing," "set aside," and "erasure" are not the same thing, and states use the words inconsistently.
Expungement
Expungement usually means the record is destroyed or treated as if it never happened. In many states a true expungement lets you legally say the arrest or conviction did not occur. States like California, Florida, and Indiana use this term for court-ordered relief.
Sealing
Sealing means the record still exists but is hidden from public view — employers, landlords, and the public generally cannot see it, while law enforcement and some licensing agencies still can. New York, Colorado, and Massachusetts use "sealing," and Texas uses a related "order of nondisclosure."
Set aside / vacate / annul / erasure
Other states name the remedy differently: Michigan and Arizona "set aside" a conviction, Washington "vacates" it, New Hampshire "annuls" it, and Connecticut "erases" it. The practical effect is usually similar to expungement or sealing, but the exact rights restored depend on state law.
Why the name matters
Because the terms are not uniform, the safest approach is to look up the rule in your state rather than assume a word means the same thing everywhere. Use the 50-state index to open your state page, and see automatic clearing states for where records clear without any petition.
Frequently Asked Questions
Is expungement the same as sealing?
Not exactly. Expungement often destroys or nullifies the record, while sealing hides it from the public but keeps it on file for law enforcement.
Which states say "set aside" instead of expungement?
Michigan and Arizona are the best-known examples; Washington uses "vacate" and New Hampshire uses "annul" for a similar remedy.
Do these terms mean the same thing in every state?
No. States apply the words inconsistently, so always check the specific statute on your state page before relying on a general definition.