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

Asked almost 2 years ago - 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)

  1. William Alexander Corzo

    Contributor Level 10

    6

    Lawyers agree

    Answered . 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.

  2. David Richard Damore

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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
  4. Joseph Julius Registrato

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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.

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