Know Your Regulator: The Podcast that Inspires You to Engage

Expunged Vs Sealed: What Professionals Need To Know

• Team Bertolino • Season 1 • Episode 62

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Think a dismissal wiped your slate clean? For licensed professionals, the difference between an expunged record and a sealed one can make or break a career move. We sit down with Houston criminal defense attorney Justin Keiter to break down what employers, licensing boards, and federal programs still see—and how to keep a background check from derailing years of hard work.

We begin by clarifying the core terms: dismissal, expungement, and sealing. Justin explains how arrest data flows from local agencies to state repositories and national databases like TCIC and NCIC, often mirrored with the FBI. A dismissed case usually updates to “dismissed,” but the arrest remains visible to many checks. Expungement removes the entry from your criminal history and generally lets you lawfully deny the arrest. Sealing hides it from the public while keeping it viewable to hospital districts, school districts, government agencies, licensing bodies, and law enforcement, especially in fingerprint-based reviews.

From there, we dive into high-stakes scenarios. Applying for a master electrician or plumber license, hospital credentialing, can trigger deeper screenings that still surface sealed or dismissed cases. Justin outlines the biggest mistakes he sees: applying before expungement, assuming a sealed case is invisible, and relying on DIY packets that fail to properly notify agencies and boards. Once you apply, the data is captured and you cannot unwind it, which can lead to denials, delays, and awkward explanations that undermine credibility.

You’ll hear a practical roadmap to regain control: run your own state criminal history, check your driving record, use reputable consumer background tools, then engage an attorney who understands expunctions and licensing rules. Get the timing right—clear the record before you submit applications—and keep a clean paper trail of orders and agency confirmations. The payoff is clarity, accuracy, and confidence that your past won’t overshadow your skills and integrity.

If this guidance helps you breathe easier about your next credential or clearance, share it with an individual who needs it. Subscribe for more conversations that protect your license and livelihood, and leave a review to tell us what topic we should tackle next!

Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator




SPEAKER_00:

Welcome back to Know Your Regulator, the podcast that inspires you to engage. I'm your host, Simone Murfrey. And in today's episode, we're talking about one of the biggest misconceptions we see amongst licensed professionals. What happens to your criminal history after it's been expunged or sealed? A lot of people think that this means that their past is completely gone. But depending on your profession, fingerprinting requirements, and the level of background checks that are involved, that's not always true. And for anyone whose livelihood depends on a state-issued license, misunderstanding that difference can create real problems. So to help us break this down, I am joined by Houston Criminal Defense Attorney Justin Keiter, founder of the Keider Law Firm. Justin has extensive experience navigating criminal cases and a deep understanding of how these criminal cases can affect someone's professional license and career. Justin, thanks for being with me today.

SPEAKER_01:

Thank you for having me as always.

SPEAKER_00:

Yes, yes. I'm excited to talk to you. Let's start at the very beginning of this. So, this is where I think a lot of people kind of get really confused. What is the real difference between a record that is expunged versus one that is sealed? And what does that mean for someone who has a criminal history?

SPEAKER_01:

This is one of the best questions and best topics. People walk out of the courtroom in a criminal case after the case is dismissed, and they're like, all right, we won, we did it, we, you know, we we prevailed. You did it. Kind of. Because what you're left with is a dismissed case on your record. And it is critically important when someone has a dismissed case, they don't think about, they think it just goes away, but it does not. It stays on your record. So every time you're pulled over, or every time someone runs a job application, or every time someone runs a credit check, they see that. They see the arrest and charge. And can they see in most cases whether or not it's dismissed? Yes, but they know you've been arrested. And that for some, that's the end, especially in an administrative position, in a position such as plumbers, electricians, and people with licenses, doctors, lawyers, nurses. I mean, it is critically important that they get that case expunged. If you do not expunge it, it shows up always as a dismissed case on your criminal record.

SPEAKER_00:

Yeah, I can definitely see where if you don't understand the correct terminology and the correct process and you know, like you said, see it to its finality, um, you can expect some pretty stressful surprises in your future.

SPEAKER_01:

Yes, you can, very much so. And and that is why you'd go the extra step, you pay the extra money, especially if you're someone that has a license. What people don't understand is that the licensing boards get notified, and and if you're obligated, like y'all explain to your clients, and I think y'all do an amazing job of that, is y'all explain you there's sometimes mandatory reporting to your licensing agency, right? And they have a record of it. So if you don't expunge it and you don't expunge it the right way, they keep your record. And if you're seeking an advanced license, like a mastered plumber's license or a mastered electrician's license, um those arrests I would imagine matter. Why not be able to have that opportunity? If you've got the case dismissed, you have the opportunity to legally be allowed to say that you were never arrested or charged.

SPEAKER_00:

Right. You've already done so much work, you know, you've you've gotten yourself this far. So, and I think that's what a lot of licensed professionals, you know, that's where they uh have that common misconception, right? Is that they they, like you said, they think they've won. And another thing I think they really, really want to know is that you've sort of touched on already is who can still see these records, right? I like you said, a lot of people assume that once it's, you know, sealed or expunged, it's totally invisible. They can go on and say, I, you know, wasn't arrested. But now we're talking about fingerprint chat, you know, or the the fingerprint databases, we're talking about, you know, different law enforcement databases that can can expand to federal agencies. So can you talk to us about who still can see the information and and who can see these records?

SPEAKER_01:

Sure. Great questions. So the bottom line is if you have a dismissed case, when you're arrested and charged, then you go into the national database, the NCIC, TCIC, FBI database, that tech that local agency, and in here it's Texas, TCIC, gathers that information from all the local agencies that you were arrested, your date of birth, your social, your prints, and then that gets uploaded to TCIC, NCIC, and then the state government uploads that to the federal government, and so there's a national record. When your case is active, everyone and anyone who runs you in the proper database can see it. When it's dismissed, the records will usually update with a dismissal. So then anyone who has access to any kind of public data.com or any kind of agency or any kind of criminal history run can see that and then see that it was dismissed. Now, once you expunge it, which means you've completely deleted it from your criminal history, then legally, unless there's a couple technicalities or what's called a savings clause by a government agency, then no one at all can see it. There's a big difference between that and a dismissed case and expunging it and a deferred probation. A deferred probation means you can seal it. That doesn't mean that it goes away. It means it's hidden. And the only people who can regularly see sealed cases, what's called a petition for non-disclosure, are hospital districts, school districts, government agencies, licensing agencies, and law enforcement. And so that's why you never, you you want to push hard for dismissal and not just a probation. There's a big difference there.

SPEAKER_00:

Yeah, no, it sounds like it. And it sounds like that could be a huge, I mean, huge misconception for a lot of people, even, you know, people who who may think that they're familiar with processes, um, especially when it comes to criminal cases. And I I think it's really important that that people understand that it doesn't mean that these, you know, like you said, licensing agencies, the high-level kind of background checks that employers do or licensing agencies do are not going to flag that. And there are careers, especially when you have a, you know, high-stakes um professional license career, those require deeper screening. And that really does matter a lot. I think it's it's crucial that you understand the difference. Like you said, and you you very nicely laid it out there for us. So are there any big mistakes that you see when people assume that their record is gone? If they've just got some a sealed um, you know, record or they've received a dismissal and they go and apply for a job or a license, what are the big mistakes that they're making?

SPEAKER_01:

Your you your question is so wonderful because the biggest mistake they're making is applying for anything without having it expunged first. Because once you apply and you have a dismissed case, you're gonna have to go through this whole nother level of explanation. A perfect example is TSA Precheck or Global Entry. If you're going to apply for one of those, it's the same thing with licenses, right? Once you apply and you haven't gotten your case expunged and it just shows a dismissed case, the federal government isn't necessarily responsible and they can tell you, no, we're gonna not follow the state order of the expunction. So your biggest mistake is doing anything and making any kind of application before you're actually then expunging, because once you have that application, you are you're stuck with it and you're stuck with all the data that they've pulled.

SPEAKER_00:

Yeah, you cannot go undo that, you know. Like you said, you've kind of stuck yourself there. You've put one foot in the door, you've, you know, you've got to continue with it. You can't just take that back. So, what can individuals do to prevent some, you know, a situation like that from happening, or what are some things that they can do to prepare if they know they have some criminal history, maybe they're not sure what became of you know the case in the end.

SPEAKER_01:

If you're not sure, one of the best things you can do is most states let you run your own criminal history via the website. Like DPS, you can uh fill out the paperwork and you can ask for the criminal history of yourself and see what pops up. Or if you have a subscription to another criminal service run, uh like LexisNexis or I think publicdata.com, some of those kind of ones that do employ background checks, do your own check on yourself first. See what's out there. That's a great idea to get where you're at. And certainly if you're applying for a job where driving is important, run your driver's record. Right. See what's there first, and then talk to a criminal lawyer or talk to an expunction lawyer or talk to someone like you like y'all to see what you can do to clean it up to put yourself in the best possible light for the job ahead.

SPEAKER_00:

Yeah, no, having that clarity before you go and, like you said, write down on an application, kind of get yourself stuck at that point in the process, having that clarity up front is so, so important. And it prevents you from unintentionally, you know, misrepresenting the situation or yourself or being caught off guard. I mean, you and I know that that that can look like deception to licensing boards. And so it's it's very important that you get the clarity, yeah, before you, before you start the process. Well, before we wrap up, Justin, what's one piece of advice that you would give to a professional license holder who is watching this or they're listening, and they suddenly realize maybe they don't fully understand what's on the record or what a licensing agency or employer can see?

SPEAKER_01:

Get advice, get it quick, but most importantly, get it right. Find someone who understands expunctions and how important they are on the licensing side. The one thing you should never do, especially when it comes to licensing, is the do-it-yourself packet that comes and you can just buy your own expunction, you're buying your own problems. If you don't know how to properly serve licensing boards and regulators with the expunction paperwork, they will ignore your request. And those those do-it-yourself expunction or ceiling packets, they don't they don't give you all the tools that you need to do it the right way as far as it administratively for your a license that you a professional license that you may hold.

SPEAKER_00:

Yeah, no, and that's like you said, can can really kind of make or break things right there. So I like that is very, very important and just goes back to having that clarity before you before you start. Again, the the we see a lot of pro se and um I will tell you just it is less expensive and put like you said, puts you in a better light just right off the bat because there you do need to know it's a very nuanced process, and you need to know the the proper processes and procedures, and really an attorney, an expert um who's been doing this can can really help you instead of you know you landing yourself in front of that attorney later on going, please help me clean this up.

SPEAKER_01:

Right. Exactly.

SPEAKER_00:

Yeah, well, Justin, thank you so much for joining me today and helping clear up this confusion with expunged and sealed records. It's so very important that license holders understand this. And to anyone watching, here's your big takeaway. Your record may not be as invisible as you think. Do not assume, make sure you get that clarity and confirm. A little preparation goes a long way in protecting your career and having that peace of mind. We'll have Justin's information linked below if you want to learn more or need legal guidance. Do you have any closing words for us, Justin?

SPEAKER_01:

No, I just like to say thank you for having me again, and it's a pleasure. And I think that this topic was brilliant on your on your behalf and in your firm's behalf to do this because I hope if this just helps one professional who holds a license, it's worth worth it all.

SPEAKER_00:

Right, right. Like we said, they've done so much work already. You've already been through the ringer and the criminal justice system. You know, it's like just make sure you dot those I's and cross your T's totally.

SPEAKER_01:

Absolutely.

SPEAKER_00:

Thanks again to our guest, Justin Kider of the Kider Law Firm in Houston, Texas. Make sure you subscribe to know your regulator so you never miss an episode that helps you protect your license and livelihood. Thanks for tuning in. And until next time, stay inspired and continue engaging with your regulatory agency.