In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Pennsylvania (PA), criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, under certain conditions, these records may be expunged or sealed. Expungement in PA allows for the removal of records so that they are as if they never existed, but this is typically limited to non-conviction data, summary offenses after a period of five years, and certain criminal convictions if specific criteria are met. Sealing, on the other hand, restricts public access to the records but does not erase them; sealed records remain accessible to government agencies. This process is often referred to as 'limited access' under PA law. Certain records are not available to the public, such as unexecuted warrants, juvenile records, and documents revealing defense strategies. Judges in PA also have the discretion to seal additional documents or close hearings to protect victims, witnesses, ongoing investigations, defendants' rights, or national security. The specifics of sealing or nondisclosure of criminal records are governed by state statutes, which vary from state to state. Federal judges infrequently seal criminal records, and the criteria for sealing at the federal level are stringent and less common than at the state level.