What Is Record Sealing?

Record sealing is a legal process that restricts access to certain court records, making them unavailable for public viewing, and is further defined at Cornell Law School. While it doesn’t erase the record entirely, it essentially places it under a legal lock and key. This means that while the record still exists, it can only be accessed under specific circumstances and by certain authorized parties. For individuals who have old arrests or convictions, record sealing can be a crucial step toward getting their lives back on track.

Difference Between Record Sealing and Expungement

Often, record sealing is confused with expungement, but there are key differences between the two. Expungement in California is so records are not used against you. In contrast, record sealing in California is to seal records that resulted in no charges filed, charges dismissed, or found not guilty. Record sealing in Nevada is for convictions, however, expungement is not available in Nevada.

Why Consider Record Sealing?

There are numerous advantages to sealing a record. One of the most significant benefits is the enhancement of future job prospects. Many employers conduct background checks as part of their hiring processes. A publicly accessible record of a past conviction can hamper your chances of securing employment. However, a sealed record means that potential employers will not see the past conviction on background checks, leveling the playing field for those looking for a fresh start in their professional lives.

Additionally, sealed records can help with securing housing, obtaining professional licenses, and even improving personal relationships. The process can also provide a sense of closure and personal redemption, allowing individuals to move forward without the constant shadow of past mistakes.

How Does Record Sealing Work?

The process of sealing a record varies by jurisdiction, but generally follows similar steps:

• Eligibility Check: The first step is determining whether your record is eligible for sealing. Certain types of offenses may not be eligible, so it’s important to consult with legal experts or local laws to verify your eligibility.
• Filing a Petition: Once eligibility is confirmed, the next step involves filing a formal petition to have the record sealed. This typically includes providing specific details about the case and reasons for requesting the sealing.
• Notification: The relevant parties, which could include the district attorney and the arresting agency, must be notified about your petition.
• Court Hearing: A judge will review the petition and any objections submitted by the relevant parties. You may be required to attend a court hearing to present your case.
• Judge’s Decision: After considering the evidence and any objections, the judge will make a decision. If the judge grants your petition, the record will be officially sealed.

Things to Keep in Mind

While record sealing prevents most people from seeing your record, keep in mind that certain government agencies may still have access. Additionally, sealed records can potentially be reopened under specific circumstances, such as new evidence coming to light.

Frequently Asked Questions

• What is the main benefit of sealing a criminal record?
  • The primary benefit of sealing a criminal record is that it restricts public access, which can significantly enhance job prospects, housing opportunities, and overall personal and professional reputation.
• How do I know if my record is eligible for sealing?
  • Eligibility for record sealing depends on various factors, including the type of offense and the jurisdiction’s specific laws. Consulting with legal experts or examining local statutes can help determine if your record qualifies for sealing.
• How long does the record sealing process typically take?
  • The duration for sealing a record can vary depending on the jurisdiction and the specifics of the case. Generally, it can take several months from filing the petition to the court’s final decision.
• Do I need a lawyer to seal my record, or can I do it myself?
  • While it’s possible to petition for record sealing on your own, having a lawyer can greatly improve your chances of success. Legal professionals can guide you through the process, help with paperwork, and represent you in court if necessary.

How to Get Started on Your Legal Documents

If you are ready to start your legal document matters in California or Nevada, our Legal Document Preparers in Nevada and Legal Document Assistants in California are ready to help. Here is how you can get started today:      

1. Step 1: Fill Out Our Contact Form: Start by visiting our website and navigating to the contact page. There, you will find a contact form that collects essential information about you and your legal document needs. Provide detailed information about the specific legal assistance you are seeking, ensuring that you include accurate contact details.    
2. Step 2: Make an Appointment: Once we receive your contact form, our team will promptly review your request. We will then reach out to you to schedule an appointment. This appointment can be in-person, over the phone, or through a virtual meeting, depending on your preferences and availability. Be prepared to suggest a few suitable time slots for the meeting.    
3. Step 3: Meet with One of Our LDAs or LDPs: Attend the scheduled meeting with one of our experienced Legal Document Assistants (LDAs) or Legal Document Preparers (LDPs). This meeting is an opportunity for you to discuss your legal document matters in more detail. Bring any relevant documents or information that may assist in understanding your specific needs. 
4. Step 4: Discuss the Filing Process: During the meeting, our LDA or LDP will guide you through the filing process. They will explain the required documentation, necessary steps, and any legal requirements relevant to your legal document matters. Feel free to ask questions and seek clarification on any aspects of the filing process that may be unclear.    
5. Step 5: Discuss the Next Steps: Towards the end of the meeting, discuss the next steps in the process. This includes timelines, any additional information or documentation needed from your end, and a clear outline of the follow-up procedures. Ensure that you have a comprehensive understanding of the upcoming steps and are comfortable with the proposed course of action.     

A Powerful Tool

At ProSe Legal Service, we believe in second chances. Record sealing is a powerful tool that can help individuals move beyond their past and embrace new opportunities. While the process might seem daunting, assistance from experienced legal professionals can make a significant difference.