Expungement Doesn’t Fix a Search Algorithm

May 14, 2025

Expungement is meant to offer a fresh start. Individuals who have completed their sentence, fulfilled probation, and met all legal requirements can move forward without a criminal record holding them back. But for many, that promise falls short. Why? Because even after a conviction is expunged, it may still appear online through outdated databases or search results.

In a world where employers and landlords routinely conduct online checks, this can result in missed opportunities, denied applications, and a lingering stigma, long after the court has granted relief.

What Is Expungement?

Expungement is a legal process that allows individuals to have a criminal conviction cleared or sealed from public view. Expungement applies to misdemeanors and certain felonies, depending on the location of the sentence and whether the individual has completed their probation or parole.

In California and many other states, the process begins when an individual (often with help from an attorney) files a petition with the court asking for their record to be expunged. If approved, the order removes the case from public access and allows the person to legally answer “no” if convicted, with some exceptions.

Expungement does not erase the record. Instead, it removes it from most public background checks and employer review processes. Law enforcement, courts, and certain government agencies may still have access to the information for legal purposes.

Who Is Eligible to Apply for Expungement?

Not everyone qualifies. Eligibility depends on several factors, including:

• The type of offense
• Whether the individual completed probation or parole
• Whether the case was prosecuted in state court
• The nature of the conviction (e.g., felony or misdemeanor)
• Whether the person is still facing pending charges

Generally, a person may apply if they:

• Were convicted of a crime, not denied probation, and have completed their sentence
• Have not committed new offenses
• Are not currently incarcerated, on probation, or under supervision for another case
• Paid all fees, completed any required programs, and satisfied court orders

Some convictions, like serious violent crimes, may not be eligible for expungement. And expungement cannot restore rights lost due to certain felony convictions unless specifically granted through a different process.

Because of these variables, it is often recommended that an attorney or the local public defender’s office be consulted before submitting forms to the court.

How the Expungement Process Works

Here’s what most people can expect when starting the process:

1. Request and file the appropriate court forms, which vary depending on the state and nature of the conviction
2. Submit the petition to the court where the original case was heard
3. Pay any fee required for filing
4. Wait for a review of the petition by the court and possibly the prosecuting agency
5. Attend a hearing (in some cases), where the court may ask questions about the conviction and how circumstances have changed

If the court grants the order, the record is updated to reflect that the conviction has been expunged. This means the individual no longer has to disclose the conviction on most job or rental applications—a huge step toward stability.

What Are the Benefits of Expungement?

1. Improved Job Prospects

Many people are required to undergo a background check when applying for a job. A criminal record, even from years ago, can make employers wary, especially in industries that require licensing or involve vulnerable populations.

Expungement allows individuals to present themselves without that barrier. In most cases, they are no longer required to disclose the conviction on applications. This can lead to more interviews, offers, and career growth, especially when the conviction occurred early in life.

2. Access to Housing

Like employers, landlords often conduct background checks. A prior criminal conviction—even if it was a nonviolent misdemeanor—can result in an automatic rejection.

Expungement helps by clearing the record from public view, making it less likely that an old offense will affect someone’s ability to rent a home. This not only improves access to safe housing, it also supports reentry and family stability.

3. Restored Civic Rights and Dignity

In some states, expungement can also help restore voting rights or remove other restrictions tied to a conviction. But even beyond legal rights, having a clean record brings psychological relief.

Many who have gone through the expungement process report that it helped them feel whole again, free from the weight of past mistakes that once defined them.

But Why Does the Record Still Show Up Online?

This is the part of the story no one warns you about.

Even after a court has granted an expungement and the official record is sealed or cleared, search engines and data brokers may still show your criminal history. Why?

Because many background check services and public databases are not required to remove expunged records or don’t do so promptly, and search algorithms display whatever content is available online, regardless of whether it’s current or legally valid.

That means your expunged conviction could still appear on:

• Data broker websites
• Archived news articles
• Old forum posts or mugshot galleries
• Screenshots and public police reports

This disconnect between what the law says and what the internet shows creates serious barriers for people who’ve already done everything required to clear their name.

What Data Do Search Algorithms Use?

Search engines don’t know that your conviction was expunged. They utilize data that was once publicly available, whether from a police agency, court docket, or a third-party website.

This includes:

• Names and mugshots
• Charges filed, even if later dropped
• Conviction details
• Dates of arrest or sentencing
• Public court forms and records
• Information scraped by background check companies

Once this information has been indexed, it doesn’t go away easily. While some sites have opt-out policies, others cannot be contacted or don’t respond to removal requests, leaving individuals in a difficult position.

So, What Can Be Done?

1. Understand What Expungement Can and Cannot Do

Expungement remains a powerful tool, but it has its limitations. It does not guarantee complete removal of your record from the internet. Knowing this upfront helps manage expectations and plan for what comes next.

2. Monitor Your Online Presence

After your record has been cleared, check search engines regularly to ensure your information is accurate. See what others might see if they looked you up. If anything still appears, ask whether it can be removed or suppressed.

3. Get Help Managing Digital Records

There are legal advocates and online reputation professionals who can help request takedowns, contact data brokers, or build positive content to bury outdated information. This may be the next step toward a spotless slate, depending on your situation.

4. Support Legislative Changes

Efforts are underway in California and beyond to enhance the digital handling of expungement. Proposals like Senate Bill 731 aim to make it harder for background check agencies to display expunged records and to hold them accountable when they do.

Final Thoughts

Expungement provides individuals with the opportunity to rebuild their lives. It’s a legal recognition that people change and deserve to move forward without a criminal record following them for the rest of their lives. But today’s digital systems haven’t caught up.

Search algorithms still surface old offenses, even after the court has cleared them. And that reality can quietly derail everything from job offers to housing applications, without the individual ever knowing why.

Better laws, technology, and awareness are needed to make expungement work, because a second chance shouldn’t come with an asterisk.

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