Why Expungement Does Not Erase Your Digital Footprint

February 25, 2025 Legal Tips

Expungement gives people a clean slate by removing criminal records from public access. Whether someone was convicted of a felony or misdemeanor, had charges dismissed, or received a nolle prosequi, getting their records expunged can open doors to better jobs, housing, and even firearm rights.

However, while an expungement order clears official records, it does not erase everything online. Background checks, news articles, and public record websites may still show past legal issues. Because of this, managing your digital footprint is just as important as clearing your legal record.

What Is Expungement?

Expungement is a legal process that allows people to remove criminal records from court and law enforcement databases. In some cases, records are sealed, which prevents public access but allows some agencies, like the prosecutor’s office, to see them.

The goal of expungement is to make sure that a person convicted of a crime is not permanently held back by their past—as long as their case meets certain conditions under state law. Some criminal cases qualify for automatic expungement, while others require a petition and court approval.

Types of Expungement

• Automatic expungement – Some juvenile records or minor offenses are automatically expunged after a set period of good behavior.
• Petition-based expungement – Many people must file a petition with the court to have their records expunged. This process requires forms, supporting documents, and filing fees.
• Juvenile expungement – A juvenile offender may qualify for record sealing under specific circumstances, depending on the offense that occurred and whether restitution was granted.

Once a judge approves an expungement order, the criminal case disappears from most public records. However, it may still exist online, which is why managing your digital footprint is key.

Benefits of Expungement

1. A Fresh Start for Jobs and Housing

Expungement makes it easier to get jobs and stable housing. Nearly 70% of employers run background checks, and a visible criminal history often leads to denied applications—no matter how much time has passed.

Landlords also check criminal records before approving tenants. Expungement allows people to apply for jobs and housing without the stigma of a past criminal case. Research shows that people who file for expungement have higher employment rates and better financial stability.

2. Restoring Civil Rights

An expungement order can also bring back rights lost due to a conviction. These include:

• Firearm rights, depending on state laws
• Voting rights
• Eligibility for professional licenses

Although some crimes permanently remove firearm rights, many misdemeanor offenses and dismissed cases allow for restoration. Talking to an attorney can provide detailed information on eligibility and the request process.

Limits of Expungement

1. Expungement Does Not Remove Everything Online

One of the biggest limitations is that expungement does not erase online records. Even when court records are sealed, other sources may still show past arrests, charges, or convictions.

Where Your Criminal Record Might Still Be Found

• Background check websites – Private companies may store criminal records even after an expungement order is granted.
• News articles and social media – If a crime was covered in the media, the information may stay online and affect a person’s reputation.
• Public record websites – Some companies sell criminal history details, and individuals must request removal separately.

2. Not Everyone Qualifies for Expungement

Expungement laws vary by state, and not all criminal cases qualify. Some common restrictions include:

• Felony offenses – Serious felonies, certain sex offenses, and repeat convictions are usually ineligible for expungement.
• Incomplete sentences – If someone has not finished their probation, restitution, or court-ordered requirements, their petition may be denied.
• Certain dismissed cases – Some dismissed charges qualify for expungement, but others need approval from the prosecutor’s office.

For the best chance of success, getting legal assistance when applying is a good idea.

Managing Your Digital Footprint After Expungement

Even after an expungement order is granted, online records may still exist. Here’s how to protect your online reputation:

1. Clean Up Your Social Media

• Delete old posts – Remove anything that mentions past criminal cases or legal issues.
• Change privacy settings – Restrict who can see your personal details.
• Deactivate old accounts – Get rid of inactive profiles that contain sensitive data.

2. Monitor Your Online Presence

• Google yourself often to see what information appears.
• Set up alerts for your name to track new mentions.
• Request removal from background check websites that still list your criminal history.

3. Get Professional Help If Needed

If online records still affect your reputation, consider hiring an attorney or a reputation management service to clean up your digital footprint. These services can:

• File formal requests to remove outdated information.
• Work with news outlets to take down old stories.
• Improve online presence by promoting positive content.

Final Thoughts

Expungement gives people a second chance, allowing them to rebuild their lives without the weight of past convictions. However, online records can still be a problem even after an expungement order. Because of this, managing your digital footprint is just as important as clearing your legal record.

For those thinking about filing for expungement, talking to an attorney or the prosecutor’s office for detailed information on eligibility and the process is the first step toward a true clean slate.