Record Sealing Vs. Expungement: Key Differences Explained
In today’s day and age, having a criminal record can place a significant burden on your ability to obtain employment, secure adequate housing, or even exercise basic civil rights. Fortunately, most states allow for sealing or expungement of some criminal records. Although the terms “sealing” and “expungement” are frequently used interchangeably, they refer to different (though similar) processes and achieve different results. Understanding the key differences between record sealing vs. expungement is critical if you want to clean up your criminal record.

What Does It Mean to “Seal” a Criminal Record?
Sealing a criminal record is typically accomplished through a legal procedure that can vary by state. If the request to seal your criminal record is approved, your criminal record becomes “hidden” or unavailable to the general public. As such, when a prospective employer or landlord requests a criminal history background check on you, the record of that conviction will not appear. Your physical records, however, are not destroyed and information regarding the conviction remains available to certain people and entities, such as law enforcement agencies, courts, and some federal employers.
What Does It Mean to Expunge a Criminal Record?
Although the procedure for expunging a criminal conviction is often much the same as that used to seal a record, the status of the physical record differs when a record is expunged. When a criminal record is expunged, the record is physically destroyed or removed from relevant databases. Expungement is viewed as a more thorough process that makes it appear as if the arrest and conviction never happened. After a criminal record has been expunged, you can legally deny having been convicted of that offense.
Can Anyone Access a Criminal Record That Has Been Sealed or Expunged?
One of the many reasons to work with an experienced criminal defense attorney when attempting to seal or expunge a criminal record is to ensure that you understand the practical and legal status of that record after sealing or expungement. The status of an expunged record can vary somewhat by jurisdiction; however, expungement is supposed to remove the record from the system, meaning that no one can access it after it has been expunged. In practice, however, even an expunged record may be available to certain officials and authorities.
In the State of Nevada, expungement is not an option. A criminal record can be sealed though. Once sealed, only the record custodian and the person named on the record can see it without a court order. A criminal record can, however, be unsealed by court order. Generally, this means that if your record has been sealed in Nevada, you can answer “no” to questions from an employer or landlord about whether you have been convicted of a crime, but keep in mind that law enforcement agencies, courts, and certain government agencies can still access that record if they can convince a court that they have good reason to do so.
What Is the Process for Sealing My Criminal Record in Nevada?
If you want to get a criminal record sealed in Nevada, you should first determine if the record is eligible for sealing. Certain offenses are never eligible for sealing. For convictions that are potentially eligible, a waiting period applies that could be anywhere from two to 10 years, depending on the severity of the crime. The waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.
If the offense is eligible, and the applicable waiting period has expired, you will need to obtain a Shared Computer Operations for Protection and Enforcement (SCOPE) report from the law enforcement agency that arrested you. The Scope report, along with a Petition, Affidavit, and proposed Order are then filed with the appropriate court and sent to the District Attorney’s Office. If the Order is signed, it is your responsibility to deliver the Order to the relevant law enforcement agency so that the record can be sealed.
What Should I Do If I Have Questions about Sealing a Criminal Record in Las Vegas?
If you have additional questions about record sealing vs. expungement in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.