Resources June 17, 2025

Repairing Search Results Following White Collar Legal Trouble

By Jeff Grant

Very little of what appears when someone searches your name after a federal white collar case can be deleted, and the pages that hurt most have the least give in them. Google removes a short, published list of personal identifiers for free, Florida and California make it illegal for a mugshot site to charge you for a takedown, and everything else, including the U.S. Attorney’s press release and the news coverage that followed it, stays where it is while you build enough other pages about yourself to move it down.

What Google will actually remove from search results

Google’s personal information removal policy is narrower than most people hope, and broader in one specific way. The published list of what qualifies is short: your address, phone number, or email; confidential government IDs such as Social Security or tax ID numbers; bank account or credit card numbers; pictures of your signature or ID; private records such as medical records; and confidential usernames and passwords. Doxxing content qualifies separately: a page pairing your personal information with threats, or aggregating a significant amount of it with no legitimate purpose.

The broader part is that the policy is written around the information rather than a fixed list of sites, so a page carrying one of those identifiers can qualify whatever else it happens to be about. That is not unlimited. Google’s own documentation puts government, educational, newspaper and business websites in a category it considers valuable to the public, and its public-interest answer says newsworthy content may stay. What Google agrees to remove is its own search result, not the underlying page, and it does that in one of two ways.

OutcomeWhat it means in practice
Full removalThe page no longer appears in Google Search at all
Partial removalThe page does not appear for any query containing your name or identifier, but can still appear for other queries
DeclinedGoogle’s policy: if content is “about something important or newsworthy, like the news, Google might not take it down”

Partial removal is the outcome that matters most for a page about a case. The page stays indexed, and it stops surfacing on the search that walks into a job interview with you.

Google sets the ceiling plainly: “Even if Google removes something from Google Search, it might still be on the internet.” Removal from a search engine and removal from the web are different acts, and only the site owner can do the second.

Two free tools sit alongside it. Results about you monitors search results for a name and contact details you enter and offers a removal request on a match. Refresh outdated content handles a page already changed or deleted at the source whose old text still shows in results.

Why the U.S. Attorney press release and the news story do not move

Here the answer is close to unambiguous. Google’s Results about you documentation says Google “considers some results valuable to the public,” and that “these can include government or educational websites, online newspapers, or business websites.” Where a result matching your name and personal contact info comes from one of those, the documentation says “you won’t find a ‘Remove result’ option.” A Justice Department press release announcing your indictment or sentence is a government page. The coverage that followed is an online newspaper. The tool that clears a people-search listing offers no removal button on either.

The press release is written under a federal regulation. 28 C.F.R. 50.2 governs what Justice Department personnel may release about a criminal case, and expressly permits publishing the defendant’s name, age, residence, employment, marital status and similar background information along with the substance or text of the charge. It balances public understanding of law enforcement against the rights of the accused, and has no mechanism for retiring a release once the case ends.

The “right to be forgotten” people have heard of is European. It is Article 17 of the GDPR, the right to erasure, and it runs to data subjects in the EU. There is no federal United States equivalent, which is why an approach to an American publisher is a request rather than a demand.

Government records outlast the coverage. The Bureau of Prisons inmate locator holds records for federal inmates incarcerated from 1982 to the present, and someone who has finished a sentence appears there as “Released” rather than disappearing.

Mugshot sites, and the two states that bar a removal fee

Booking photo sites are the one category where two states have legislated directly at the pay-for-removal business model. Florida and California both make it unlawful to charge the person in the photograph for a takedown, and Florida adds a removal deadline.

LawWhat it doesDeadlineConsequence
Fla. Stat. 901.43Bars any fee for removal, and requires free removal on written request sent by registered mail with proof of identification. By its own terms it reaches only publishers that solicit or accept payment for removal, or whose primary business is publishing booking photographs10 calendar days after receipt of the written requestThe subject may bring a civil action to enjoin further publication. A court may then impose a civil penalty of $1,000 per day for noncompliance with that injunction, or $5,000 per day where the photo was republished after a required removal, and awards attorney fees and costs
Cal. Civ. Code 1798.91.1Makes it unlawful to solicit, require or accept payment from the subject to remove, correct, modify or withhold a booking photo. Each payment solicited or accepted is a separate violationNone; this is a fee ban, not a takedown mandateCivil action for the greater of $1,000 per violation or actual damages, plus costs, attorney’s fees and equitable relief

Google runs a policy aimed at the same business model. It will consider removing search results for content about you on three conditions: you are a subject of the content at the URL, the site is not a business review site, and the site requires payment to have the content taken down. Only the URLs submitted on the form are reviewed.

What a court record is, and what a court can erase

Federal filings are public, and the parts that are not were decided long before your case. Under the Judicial Conference’s privacy policy, the identifiers redacted are Social Security numbers, names of minor children, financial account numbers, dates of birth, and, in criminal cases, home addresses. A separate list stays out of the public criminal file entirely, at the courthouse and by remote access alike: pretrial bail and presentence investigation reports, statements of reasons in the judgment, and sealed material such as substantial-assistance motions and plea agreements indicating cooperation.

The docket page ranking for your name is usually not the government’s. PACER charges ten cents a page with a three dollar cap per document, waives fees under thirty dollars a quarter, and sits behind an account. What Google indexes tends to be a private mirror. The RECAP Archive run by the Free Law Project is a searchable collection of PACER dockets and documents gathered by volunteers running a browser extension, plus every free PACER filing, and commercial docket sites work on a similar premise. A private publisher can be approached in a way a court clerk cannot.

Expungement is where the gap between hope and law is widest. The federal criminal code carries one expungement provision still in force, 18 U.S.C. 3607(c), and it is narrow: it reaches a person found guilty of simple possession under 21 U.S.C. 844 who was under twenty-one at the time of the offense and whose case received a pre-judgment disposition. Even there the order clears the public references to the arrest and the proceedings while the Justice Department keeps a nonpublic record of the disposition. Outside it, the Second Circuit held in Doe v. United States, a case about a 2001 health care fraud conviction, that a district court has no ancillary jurisdiction to expunge the records of a valid conviction on equitable grounds, and noted that its holding “is in accord with that of every other sister Circuit to have addressed the issue since Kokkonen.” The panel called the consequences unfortunate and said Congress could grant such jurisdiction if it chose. The older, separate question of expunging an arrest record after a dismissal was left undisturbed.

A pardon is not a delete key either. The Office of the Pardon Attorney answers it directly: a presidential pardon does not expunge or erase the conviction, the pardoned offense “would not be removed from your criminal record,” and “both the federal conviction as well as the pardon would both appear on your record.” Clemency lifts legal disabilities. It does not clear a docket, a press release, or a search result. Margaret Love, a former U.S. Pardon Attorney, and Professor Mark Osler have both walked our group through what it reaches.

Expungement, sealing and a set-aside are three different requests

The three words get used interchangeably and ask for three different things. Expungement is destruction: the record is deleted and the offense is treated as though it never happened. Sealing leaves the record intact and restricts who may look at it, which in most systems still leaves it open to law enforcement, the courts and often licensing boards. A set-aside vacates the conviction while leaving a visible entry saying so. The vocabulary of expungement and record sealing reads like a menu, accurate at the state level and misleading at the federal one.

Once the case is federal the answer to all three tends to be the same, because a federal court’s authority is not general. The Fifth Circuit said so again in December 2024 in United States v. Corkern, where a Mississippi physician who had pleaded guilty to federal program bribery and was pardoned in January 2021 moved to “expunge, seal, or destroy” every record of his indictment, arrest and conviction. The panel affirmed the denial, identifying “only two contexts in which federal courts have jurisdiction to order a defendant’s records expunged: (1) where the defendant has a specific statutory right to expungement, and (2) where the record retention constitutes an affirmative violation of his constitutional rights.” Neither was present. Quoting the Supreme Court, the panel added that “the granting of a pardon is in no sense an overturning of a judgment of conviction.” The district court line it reproduced is the compact version: “The power to pardon is an executive prerogative of mercy, not of judicial record-keeping.” The opinion is unpublished, which limits its formal weight, and it lands where Doe landed.

State relief does not cross the line. A state court order operates on state records, and federal records are held by federal agencies, so someone carrying both cases can clear the state side entirely and still have the federal conviction on file for good.

RequestAvailable after a federal white collar convictionWhat it would changeWhat it never reaches
Expungement under 18 U.S.C. 3607(c)Only simple possession under 21 U.S.C. 844, defendant under twenty-one, pre-judgment dispositionClears the public references to that arrest and proceeding, minus a nonpublic Justice Department recordThe press release, the news coverage, the indexed result
Expungement, sealing or destruction of a valid conviction recordNo. No specific statutory right, and no ancillary jurisdiction on equitable grounds (Doe; Corkern)NothingNothing
State expungement, sealing or set-asideState cases onlyThe state court file and the state database entryAny federal record, and anything already published
Presidential pardonBy petition, five years after releaseThe legal disabilities attached to the convictionThe conviction, and every record of it

Closing that gap is now an organized effort. The Federal Expungement Initiative, a coalition co-founded by White Collar Support Group founder Jeff Grant with law professors Mark Osler, Rachel Barkow and Douglas Berman, argues that “the federal system is almost unique in offering no statutory opportunity for the expungement of criminal records” and is pressing Congress to create one. What even a successful bill would reach matters here: an expungement statute operates on government databases. The Justice Department press release, the newspaper archive and the private docket mirror sit outside it.

What applying for a pardon puts on the record

Clemency comes with a paperwork clock and a public artifact. The executive clemency regulations set the clock: “No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner.” The same section adds that generally no petition should come from someone still on probation, parole or supervised release.

The petition itself stays private. The regulation on disclosure provides that petitions, reports, memoranda and communications gathered while a clemency request is under consideration “generally shall be available only to the officials concerned with the consideration of the petition,” openable only where the Attorney General judges that law or the ends of justice require it.

A grant works the other way. The Office of the Pardon Attorney publishes clemency recipients president by president, back through the Nixon administration, and the listings carry the recipient’s name, the judicial district, the sentence and its date, and the offense. Commutations are published on the same index, and the Pardon Attorney’s own answer is that a commutation reduces a sentence without changing the fact of conviction. So the remedy most people picture as the thing that finally quiets the record produces a durable, name-bearing page on justice.gov, alongside everything already there.

Background checks and search results are two different systems

People conflate these constantly. Under the Fair Credit Reporting Act, a consumer reporting agency may not report records of arrest that predate the report by more than seven years “or until the governing statute of limitations has expired, whichever is the longer period.” A separate paragraph covers any other adverse item older than seven years, and that one carries a carve-out written into the statute: “other than records of convictions of crimes.” Convictions therefore have no federal time limit in a consumer report, and the seven-year limits stop applying at all when the report is for employment at an annual salary that equals, or may reasonably be expected to equal, $75,000 or more.

None of that governs Google, which is not a consumer reporting agency and is not reporting anything. It is why a case that has aged out of a background check can still be the first thing a stranger reads.

People-search and data broker profiles are a third system, and one state just changed how it works. Under California’s Delete Act, the Privacy Protection Agency’s Delete Request and Opt-out Platform opened to California residents on January 1, 2026, letting a single request reach every registered data broker, and brokers must begin processing those requests on August 1, 2026. It reaches broker profiles, not court records or news archives.

The FBI’s copy of your record, and who can change it

Behind the commercial background check sits a government file with different rules. The FBI calls it an identification record, “often referred to as a rap sheet,” and the regulation defines it as a listing drawn from fingerprint submissions the FBI holds in connection with arrests, and in some cases with federal employment, naturalization or military service. Each entry names the agency that sent the fingerprints and, for a criminal offense, gives the arrest date, the charge and the disposition if the FBI knows it. The section closes on the sentence that determines how every correction works: “the FBI Criminal Justice Information Services Division is not the source of the arrest data reflected on an identification record.” A wrong or stale entry is fixed at the agency that reported it, not at the FBI.

StepWhat the regulation requires
Obtain a copyWritten request by mail to the FBI CJIS Division in Clarksburg, West Virginia, with name, date and place of birth and rolled-inked fingerprint impressions
Pay$18 by certified check or money order payable to the Treasury; waiver on a claim and proof of indigency
Challenge an entryApplication goes to the agency that contributed the questioned information; a challenge sent to CJIS is forwarded to that agency
When the file changesOnly “upon the receipt of an official communication directly from the agency which contributed the original information”

None of that touches Google. The identification record and the first page of a name search sit under unrelated rules, and neither updates the other.

What rebuilding page one actually involves

What is left after the removals is arithmetic rather than judgment. Page one holds roughly ten results, several immovable, and the work is producing enough substantive, indexable pages about you that the immovable ones end up below the fold. Google’s own guidance is worth holding onto before anyone sells you a shortcut: “No one can guarantee a #1 ranking on Google,” and it advises finding a different provider if one promises first place.

WCSG member Drew Chapin of The Discoverability Company spent an hour on the mechanics at our January 2026 Speaker Series, working from his own case, where a search of his name returned nearly two hundred news items and six government press releases. He puts a serviceable personal site at roughly fifty dollars a year, calls the rebuild four to six months rather than a weekend, and flags the mistake people make first: deleting long-standing social and professional profiles when a case begins gives away the oldest and most rankable assets you own. His full session is Online Reputation Management with Drew Chapin, and Oh No! You Viewed My Profile is the smallest version of the same idea. Tom Hardin, who wrote a book about his own case, and Brent Cassity, who hosts a podcast about his, have both told their stories to our group.

What to look at next

If you are earlier in the process than search results, the ABA panel on collateral consequences of a white collar conviction maps the other restrictions a federal case brings, alongside Building A New Life After Prison. If a specific consequence is already in front of you, Navigating International Travel After a Felony Conviction and the BOP Administrative Remedy Process come up most often in our Monday meetings.

Sources

Last reviewed 2026-08-05. This page is general information, not legal advice.