Skip to main content

Can I sue a website fl arrests.org for having a mugshot I requeted to be removed because the case was dismissed and dropped?

Tampa, FL |

The case was dismissed, I even considered filinf a wronful arrest case. there was no probable cause, bottom line it needs to be removed i is preventing me from getting a job in hte legal field I am a paralegal and in school hope to be a case manager very soon.

Attorney Answers 4

Posted

Your arrest is a public record so it is protected speech and any suit would fail. You first need to expunge your record and coordinate with any web site that posts your information to ask them to remove you from their site. Most websites will either this for a fee or if an attorney requests it and sends documentation. However, they are under no legal obligation to do anything.

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Mark as helpful

5 lawyers agree

Posted

I agree with the attorney above and would suggest you contact an attorney about that issue. Also, though the case was dismissed your arrest record will still show on any background searches. You may want to consider getting your arrest record cleared. The first step to that is to determine if you qualify. Visit www.cklawfirm.com and click on expunging your criminal record for more information.

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

Class Action Against Mugshot Websites http://counselor.pro/articles/class-action-against-mugshot-websites Internet Crime Complaint Center (IC3) http://www.ic3.gov/default.aspx Exceeds authorized access, and obtains information from a protected computer (18 USC § 1030). Transfers (screen scraping), possesses and uses (website), a means of identification (mugshots), (18 USC § 1028A). Converts public records to his use (18 USC § 641). National Information Infrastructure Protection Act : Transmits advantages to foreign nations. Criminally infringes name and likeness copyrights for the purpose of commercial advantage (website) and private financial gain (18 USC § 2319 and 17 USC § 506). Governmental Prima Facie Evidence of name and likeness copyright: State Certified Birth Certificate, State Driver’s License, US Passport and other government documents and records “created” to identify and validate name and likeness. Holds to involuntary servitude by electronic means (18 USC § 1584). Stalks, harasses, intimidates and causes substantial emotional distress (18 USC § 2261A). Internet Spyware (I-SPY) Prevention Act : Intentionally obtains and transmits to another person information with the intent to defraud (unpublish/repair reputation). Transmits communication interstate with the intent to “injure reputation” to extort (unpublish/repair reputation), (18 USC § 875). As consideration for not informing demands money (unpublish/repair reputation), (18 USC § 873). Interstate collection of an unlawful debt (unpublish/repair reputation), (18 USC § 1962). A person(s) who receives, possesses, conceals, or disposes of any blackmail (unpublish/repair reputation) money (18 USC § 880). Search engines, hosting , reputation repair and consumer complaint companies aids and abets (18 USC § 2), conceals felony (18 USC § 4).

Posted

Your arrest is public record and so is what happened to the case. Conveniently, they will not post that the case was dismissed. There really should be some solid laws regarding this, but until the legislature addresses it people in your position will have to seek sealing and expungement and hire an attorney.

R. Jason de Groot, Esq., 386-337-8239

Mark as helpful

4 lawyers agree

Posted

The problem here is that even if the case was dismissed, you were still arrested and that is likely the only thing that appears on the site, the fact you were arrested. However, if you can manage to get your record sealed, possible under some circumstances, you may then have grounds to get the thing off the web. Very difficult situation, though, and I have been very frustrated by it.

Mark as helpful

3 lawyers agree

1 comment

Asker

Posted

Lower Threshold The Public Library I can freely check out anything and as many times as I like. However, I can not place the works on a website and invoke the magic spell of Public Library as my defense. Arrests.org is screen-scraping and/or hacking government computers to steal public records. U.S. Department of Justice Criminal Resource Manual 1663 – Protection Of Public Records and Documents. “The taking of a public record or document is prohibited by 18 U.S.C. § 641.” DOJ. Retrieved from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01663.htm Case Law In briefs and arguments before the Ninth Circuit in US v. Nosal the DOJ asserted that even authorized users can be prosecuted for hacking if they misuse their computers in unauthorized ways. The Third, Fifth and Eleventh Circuit Court of Appeals have all upheld the DOJ’s definition (US v. Nosal, 2012). 18 USC § 1030 - Fraud and related activity in connection with computers (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— (C) information from any protected computer; 18 USC § 641 — Public money, property or records Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; http://www.ic3.gov/default.aspx

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics