What Is The Difference Between Expungement And Sealing Records?
Welcome to Benjamin Shettell, MD, your trusted source for healthcare information and education. In this article, we will explore the difference between expungement and sealing of records in the context of your health records.
Understanding Expungement
Expungement refers to the legal process of permanently erasing or destroying a record, ensuring that it is completely removed from all official systems and databases. When it comes to health records, expungement generally involves the deletion of specific medical records or related documents. This process is usually pursued by individuals who wish to completely eliminate any evidence of a past medical condition or treatment.
Expungement of health records can be crucial for individuals who have experienced stigmatization or discrimination due to their medical history. It allows them to regain control over their personal information and protect their privacy in various contexts, such as potential employment opportunities, insurance applications, or personal relationships.
Exploring Sealing of Records
On the other hand, sealing records involves restricting access to certain records, making them inaccessible to the general public while still preserving their existence. Sealing is a legal measure that allows individuals to maintain their privacy without entirely erasing records.
When it comes to health records, sealing can be an option for individuals who do not want their sensitive medical information readily available for public viewing. Sealing is often pursued as a compromise between complete expungement and leaving records fully accessible.
Differences and Considerations
While both expungement and sealing share the common goal of protecting privacy, there are important differences to consider.
1. Permanence:
Expungement ensures the permanent removal of records from official systems, while sealing retains the records but restricts access to them. The choice between the two options depends on the level of privacy an individual seeks.
2. Legal Implications:
Expungement typically requires meeting specific legal criteria, such as the completion of a certain period without any further legal issues. Sealing, in some cases, may have less strict requirements, allowing individuals to maintain privacy without fulfilling extensive legal conditions.
3. Public Accessibility:
Expunged records are entirely removed from public view, making them inaccessible to anyone. Sealed records, on the other hand, are not available to the general public, but they may still be accessible under certain circumstances, such as court orders or law enforcement investigations.
4. Selective Record Management:
Expungement typically focuses on specific records, allowing individuals to target and delete particular medical information. Sealing might involve a broader approach, restricting access to a range of related records rather than selectively erasing specific details.
The Benefits of Expungement and Sealing
Both expungement and sealing offer significant benefits to individuals seeking privacy and protection concerning their health records. Some of these benefits include:
1. Privacy Protection:
Expungement and sealing provide individuals with control over personal health information, preventing unwanted disclosures and limiting potential stigma or discrimination.
2. Career Opportunities:
By expunging or sealing certain health records, individuals can pursue career opportunities without the fear of being judged solely based on their medical history.
3. Insurance and Legal Considerations:
Expungement and sealing can impact insurance applications and legal processes, allowing individuals to navigate these areas more comfortably.
4. Mental and Emotional Well-being:
The peace of mind that comes with expunging or sealing records can significantly contribute to an individual's mental and emotional well-being, reducing anxiety and stress associated with past medical experiences.
Conclusion
In summary, the difference between expungement and sealing records lies in the permanence and accessibility of the information. Expungement permanently eliminates records, while sealing restricts access to them. Both options offer valuable privacy protection, allowing individuals to control the disclosure of their health information and move forward without the burden of past medical experiences.
Benjamin Shettell, MD is dedicated to providing reliable healthcare information. If you have any further questions or concerns regarding expungement or sealing of health records, please do not hesitate to reach out to us.
