Expungement in Illinois offers people the chance to move forward without the burden of past arrests or charges. By court order, records are removed from official databases, erased from criminal history systems, and made inaccessible to the public. But in the digital age, many ask: What about the internet?

Social media background checks have become increasingly common. Employers, landlords, schools, and even volunteer organizations use them to screen applicants. These checks don’t just rely on official databases—they scan Facebook, Twitter, LinkedIn, TikTok, Instagram, blogs, and even cached web pages. That raises the important question: if your record has been expunged, can it still appear in a social media background check?

The answer is complex. Legally, expunged records should not appear in official screenings. But online footprints—like news articles, mugshots, or social posts—may remain visible long after the court order. This guide provides a deep dive into why these traces persist, what employers are allowed to consider, and what steps you can take to manage your online reputation.

How Social Media Background Checks Work

Social media background checks can be done formally or informally.

• Formal checks by third-party companies: These involve a business hiring a screening service to scan social media platforms for concerning behavior, posts, or reputational risks. They may also compile data from news outlets and public databases.

• Informal searches by individuals: A hiring manager, landlord, or admissions officer may simply search your name online and browse through what appears. This often includes the first page of Google results and any accessible social media profiles.

What makes these checks tricky is that they don’t follow the same rules as official criminal background checks. While employers cannot request expunged records from law enforcement, they can stumble across old online references that expungement doesn’t automatically erase.

Why Expunged Records Can Still Appear Online

Expungement is powerful, but it is not magic. Here are the most common ways an expunged arrest may still appear in digital spaces:

• Mugshot websites: These sites scrape public arrest data and upload mugshots quickly, often within days of booking. Even if the case is later expunged, the mugshot may remain online indefinitely.

• News articles: Local news organizations frequently publish arrest stories but rarely follow up when charges are dismissed or expunged. These archived stories may remain searchable for years.

• Cached search results: Google and Bing sometimes store snapshots of old web pages that resurface even after deletion.

• Social media posts: Friends, acquaintances, or even strangers may post about your arrest at the time it happened. Unless deleted, those posts can remain visible.

• Background-check companies: Some private firms purchase bulk data and fail to update it when records are expunged.

Each of these creates a “digital shadow” that is not erased by expungement orders.

What Employers Are Legally Allowed To Consider

Illinois law is clear: employers cannot consider expunged or sealed records when making hiring decisions. The Illinois Human Rights Act and various state statutes prohibit employment discrimination based on arrests that did not lead to conviction.

But the problem arises when employers see an online mention of an arrest. Even if they legally cannot act on it, the impression may linger. For example:

• A mugshot on a search result may raise questions, even if the case was dismissed.

• A news headline mentioning your name could influence hiring decisions subconsciously.

• An unverified blog post may spread rumors that are impossible to control.

This is the heart of the issue: while the law protects you on paper, digital footprints can undermine those protections in practice.

Steps To Minimize Online References

If you’re worried about social media background checks after expungement, proactive management is key.

Search Yourself Regularly

Start by Googling your name and searching on Bing and Yahoo. Try variations, including nicknames, maiden names, or alternate spellings. This gives you an honest look at what others will see.

Contact Websites Directly

If you find mugshots or arrest references, reach out to the site owner. Many mugshot websites will remove images if you provide a copy of the expungement order. News outlets may agree to update stories or add a note about the case’s dismissal.

Use Search Engine Removal Tools

Google and Bing allow you to request the removal of outdated or inaccurate content. This includes cached pages or images that persist after deletion. Submitting removal requests can take time but is often worth the effort.

Clean Up Your Own Profiles

Make sure your social media accounts don’t contain references to the arrest. Delete old posts, untag yourself from photos, and tighten privacy settings. Even if you didn’t post about the arrest, comments from others may still exist.

Build Positive Content

Creating professional profiles on LinkedIn, publishing a personal website, or contributing to industry blogs can help push negative results further down in search rankings. Search engines prioritize active, reputable content, which means you can outcompete older results.

Consider Reputation Management Services

If you face widespread online references, professional services can help. They use SEO strategies to suppress negative search results and replace them with positive ones. While costly, this may be worthwhile for individuals in sensitive careers.

Legal Tools To Enforce Your Rights

Sometimes digital cleanup requires more than personal effort. Legal strategies may include:

• Consumer protection claims: Some mugshot websites charge removal fees, which may violate state consumer laws. An attorney can challenge these practices.

• Fair Credit Reporting Act (FCRA): If a background-check company reports expunged records to an employer, it may be in violation of federal law. You have the right to dispute and demand corrections. See the FTC’s guide on the FCRA.

• Defamation claims: In rare cases, if false or outdated information is causing significant harm, you may pursue a defamation action.

These are not guaranteed solutions, but they demonstrate that individuals are not powerless.

Why Working With A Lawyer Matters

Just as with filing for expungement, handling the digital aftermath can be overwhelming. Lawyers familiar with expungement and privacy law can:

• Draft strong takedown requests backed by court orders

• Advise on whether consumer protection or defamation claims are viable

• File complaints against background-check services that break federal law

• Help frame legal arguments to search engines or websites refusing removal

It is critical to remember that no lawyer can guarantee every online trace will disappear. Some sites operate overseas or resist cooperation. Still, legal support increases your chances of success and speeds up the process.

Managing Expectations

Even with persistent effort, it’s unlikely every mention will vanish. Instead, focus on achievable goals:

• Removing mugshots from major websites

• Getting outdated cached pages de-indexed from Google

• Suppressing negative search results through positive content

• Reducing visibility so online references are not the first thing people see

By setting realistic expectations, you’ll avoid frustration and appreciate the progress you make.

Looking Forward

Social media background checks are here to stay, and expungement does not automatically protect against them. The best strategy combines legal rights with digital reputation management. Clear your record in court, then take steps online to ensure that clearance is reflected in your digital presence.

By actively managing your footprint, you can make sure your expungement truly provides the second chance it was meant to give. Employers and landlords may still search, but with a strong digital strategy, what they find will reflect who you are today—not a mistake from years ago.

Do You Need to Talk to an Attorney About Expungement or Sealing?

If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.

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