Written & reviewed by NotALawyer Review AI · Updated June 26, 2026
In general, a sealed or expunged record is hidden from most routine background checks — the kind employers and landlords run — and in many states you can lawfully say you weren't convicted. But "hidden from most" isn't "erased from all." Law enforcement, courts, and certain licensing or government roles can often still see sealed records, and federal immigration consequences aren't undone by a state sealing.
Once a record is sealed or expunged, it generally won't appear on the standard background checks most private employers and landlords use, and many states let you answer "no" to conviction questions on applications. The exact effect — and what you can legally say — depends on your state's law.
Sealing usually isn't absolute. Law enforcement, the courts, and some employers — often in government, healthcare, childcare, finance, or jobs requiring professional licenses or security clearances — may still access sealed records under state-specific exceptions. For a licensed or sensitive role, an old record may still surface.
Under the federal Fair Credit Reporting Act, companies that sell background checks have rules about what they can report and for how long, and they must keep the information accurate and up to date. A properly expunged record generally shouldn't be reported — and you have the right to dispute it if it is.
A state expungement or sealing does not necessarily erase a conviction for federal immigration purposes. Immigration authorities can still consider a conviction that a state has cleared. For anyone who isn't a U.S. citizen, this distinction is critical — talk to a licensed immigration attorney before relying on a sealing.
Mistakes happen — background-check companies sometimes report records that were sealed or expunged. If that happens, you can dispute the report with the company under the FCRA and ask them to correct it. Keeping a copy of the court order showing the record was cleared makes this much easier.
Say someone seals a years-old misdemeanor and later applies for a retail job. A routine check likely won't show it, and depending on the state they may not have to disclose it. But if they later apply for a job that requires fingerprinting and a state license, the same record could still appear under an exception.
More on this topic: the Criminal Defense & Rights hub
NotALawyer.com provides general legal information, not legal advice.