Is There a Difference Between Record Sealing and Expungement?

If you have any type of criminal record and you do not want others — from general members of the public to potential employers or landlords — to be able to see what is contained in your criminal record, you may have started looking into record sealing and expungement. Under IC 35-38-9, all statutory language concerning record sealing and expungement is contained under a chapter of the law defined as “sealing and expunging” records. However, as you read through the chapter, there is not a clear distinction between having your records sealed or having them expunged. Although other state laws distinguish between sealing (i.e., keeping criminal records but preventing others from accessing them) and expungement (i.e., eradicating or destroying the record altogether), it is essential to understand that this is not how the law in Indiana works. Rather, when a petition for expungement is granted, then a record is be sealed.

Our Indianapolis expungement lawyers can explain in more detail how sealing and expungement work in Indiana and what you can expect if you want to have your criminal record expunged.

Expungement Can Lead to Record Sealing 

Unlike states where record sealing and expungement are two separate processes, under Indiana law, criminal arrests and convictions that have been expunged are sealed but not destroyed or eradicated entirely. Accordingly, when you are filing a petition for expungement, you are essentially asking the court to seal your criminal record from disclosure in some capacity.

Both arrest records and conviction records can be sealed under Indiana law, and the timeframe for petitioning for expungement depends on how the matter was resolved. Arrest records (without convictions) can be expunged the fastest, usually within one year from the date of the arrest or dismissal. For convictions, the waiting period depends on the convicted offense, and timelines vary. There are also some offenses for which expungement is not available.

How Expunged Records Are Sealed

If your petition for an expungement is granted, what can you expect to happen afterward? In other words, how can you expect your expunged record to be sealed? The manner in which an expunged record is sealed depends on the nature of the offense and whether it was an arrest or a conviction and the level of offense.

For arrest records without conviction, your record will be sealed and will not be available to the public. For criminal convictions, the nature of the record sealing depends on the type of the criminal conviction. For lesser convictions, in general, an expungement results in the record being sealed and completely unavailable in the public record. However, the record may still be accessible, and can be unsealed in some cases, by a prosecutor, a defense attorney, or a probation official. Other expunged records, typically of more serious convictions, remain public records but are identified as expunged and cannot be used against a person in various circumstances.

Contact an Indianapolis Expungement Lawyer Today 

If you have any questions about seeking an expungement or have concerns about the manner in which your expunged record has been sealed, you should contact an experienced Indianapolis expungement attorney at Rigney Law LLC for assistance.

Source:

in.gov/ipdc/files/TITLE35_AR38_ch9.pdf