For individuals seeking a fresh start after a criminal conviction, social media can serve as both a valuable resource and a potential hazard. Whether you are applying for expungement, probation modifications or other forms of post-conviction relief, it is important to understand that your online presence could impact your case. Why? It functions as a digital record that can be misinterpreted or used against you.
When evaluating opportunities for post-conviction relief, courts consider various factors, including evidence of rehabilitation, good character and responsible behavior. Social media posts, comments or shared content that contradict these qualities can raise doubts about your sincerity and commitment to change.
Risks and resolutions
Prosecutors, judges and even potential employers may review online activity to assess whether an individual has truly moved past their past mistakes. To that end, certain kinds of posts can reflect negatively on your character. Posts containing references to illegal activity, violent behavior or disrespect toward law enforcement can be especially damaging. Additionally, recent content that suggests reckless behavior, excessive partying or associating with individuals involved in criminal activity can create doubt about your rehabilitation.
Another risk is indirect content. Even if you do not personally post questionable material, being tagged in someone else’s post or commenting on controversial content can give the wrong impression. Privacy settings do not always prevent others from seeing posts, and screenshots can make deleted content permanent.
Protecting yourself online
To improve your chances of a successful post-conviction relief case, it is important to manage your social media carefully. First, review your current accounts and remove any posts that could be viewed as harmful. Adjust your privacy settings to limit who can see your content, but remember that nothing online is truly private. It is also wise to avoid discussing your case, legal process or criminal history on social media. Even well-meaning posts about your efforts to turn your life around can be misinterpreted or taken out of context.
Consider taking a break from social media while your case is pending. If staying offline is not an option, keep your posts positive and professional. Focus on sharing updates about your job, community involvement or personal achievements that highlight your growth.