Boston, MA criminal defense attorney Nat Carney talks about the difference between sealing a case and expungement. He explains that sealing and expungement are two related but distinct legal remedies. Sealing a record generally removes a criminal case from public access and, in Massachusetts, allows a person to state under oath that they have no record. However, certain entities—such as law enforcement, courts, and some employers—may still access a sealed record, which can pose challenges for clients, particularly those requiring national background checks.

Expungement, by contrast, permanently destroys the record. Once a record is expunged, no one—including law enforcement, courts, employers, housing authorities, or licensing agencies—can access it. Like sealing, it allows an individual to state under oath that they have no record, but the critical distinction is that the record no longer exists.

The expungement statute is relatively recent, and his firm actively pursues expungement whenever possible. In cases where clients have minimal or no prior criminal history, he ensures that favorable outcomes are not undermined by lingering records. This approach helps prevent a past allegation from impacting a client’s future, effectively allowing them to move forward without the burden of a criminal record.