What Is the Difference Between Expungement, Sealing, and Pardons / Set-Aside / Vacatur?

If you have a criminal record in Indiana, you may have heard terms like expungement, record sealing, pardon, set-aside, or vacatur. They all involve ways of dealing with past convictions, but they don’t mean the same thing. Understanding the difference is critical, because choosing the right path can make all the difference for your future opportunities in employment, housing, and beyond.

Let’s break these terms down in plain language.

Expungement

Expungement is often called Indiana’s “Second Chance Law.” When a record is expunged, it is legally treated as if the offense never occurred. For most background checks, expunged records no longer appear, and you can legally say you have not been convicted of the expunged offense.

That said, expungement does not erase history entirely, law enforcement and some government agencies may still access your record. But for everyday purposes like jobs, housing, or professional licensing, expungement is the most powerful tool available.

Record Sealing

Sealing a record is different from expungement. Instead of being erased from public view, the record is hidden from the general public but still exists in official files. Employers, landlords, and the public generally can’t see sealed records, but courts, police, and certain agencies may still access them.

In Indiana, some expunged records are also sealed, which means they’re both removed from public view and protected from most disclosures.

Pardons

A pardon is an act of executive clemency, granted by the Governor of Indiana. A pardon forgives the offense, but it does not erase or seal the record. The conviction still exists, but a pardon can restore certain civil rights and signal rehabilitation. Pardons are rare, highly discretionary, and separate from the expungement process.

Set-Aside and Vacatur

These terms are less common but important:

• Set-Aside: A court order nullifying a conviction, often used in contexts like juvenile records. It essentially “sets aside” the judgment as though it never happened.

• Vacatur: This is when a court overturns or invalidates a conviction, often due to errors, constitutional violations, or new evidence. Unlike expungement, vacatur challenges the legality of the original conviction.

  
  

Why the Differences Matter

Each of these remedies carries different consequences:

• Expungement offers the cleanest slate for most Indiana residents.

• Sealing provides privacy but keeps the record alive in official channels.

• Pardons, set-asides, and vacaturs are less common, but sometimes the right tool depending on your situation.

  
  

Choosing the wrong path or misunderstanding what each option can and cannot do, may leave you with fewer opportunities than you deserve.

Call to Action

At Brinkley Law, we guide clients through Indiana’s complex record-clearing process. Whether you’re seeking expungement, sealing, or exploring other remedies, we’ll help you understand your options and take the right steps forward.

📞 Call Brinkley Law today or schedule a consultation online to find out which path to a clean slate is right for you.