You may want to limit who can see your criminal history, and Indiana law offers two different tools to accomplish this. Record sealing and expungement serve related purposes, yet they work in different ways.
How record sealing works
Record sealing hides certain criminal records from public view. After a court seals a record, most employers, landlords, and members of the public cannot access it through standard background checks. Courts and law enforcement agencies can still view sealed records, and some government licensing boards may request access.
Sealing does not erase a record. The case remains in the court system, but access becomes limited. Indiana allows sealing for arrests, charges, and some convictions after you meet waiting periods and other legal requirements.
How expungement works
Expungement offers broader relief than sealing. When a court grants expungement, it orders agencies to remove records from public databases and court files. Many agencies must destroy the records or permanently restrict access.
After expungement, the law allows you to state that you have not been arrested or convicted for the expunged case in most situations. Courts and law enforcement may keep limited internal access, but the record no longer appears in public searches.
Key differences between sealing and expungement
The main difference involves how completely the record disappears from public view. Sealing limits access, while expungement removes the record from public systems. Expungement also provides broader relief on job and housing applications.
Eligibility rules differ as well. Expungement often requires longer waiting periods and stricter conditions, especially for convictions. Sealing may offer an earlier option when expungement is not yet available.
Choosing the right option for your situation
Your goals shape the choice between sealing and expungement. If you want quicker relief from public background checks, sealing may help. If you want the strongest level of privacy allowed under state law, expungement provides greater protection.
Both options require court approval and proper filing. Reviewing your full record helps determine which approach fits your timeline and future plans.