I was arrested for criminal endangerment by accountability but my case was quickly dismissed and I got it expunged off my record. Now I have friends telling me they've seen my mugshot from this arrested used in gun safety training presentations by the police around town. Can the police use my picture and information like that? I thought once it was expunged they had to get rid of all that stuff.
This is a BIG no. In fact, if your case was expunged, there should no longer be a mug shot. I am an expert on Expungement in Massachusetts, and I'm sure it's different, but here is how I handle expungements:
- I obtain a court order ordering the clerk's office to destroy/shred the clerk's file, remove the arrest record from my client's criminal record, ordering the police to destroy all reports, notes and arrest reports (this would have your mug shot), and any other evidence of the arrest, or case.
I see expungement as erasing the event entirely, not just sealing the record so you don;t have to tell employers when applying for jobs.
Criminal Defense Attorney
You may have a claim to have them remove your picture. Call a Montana attorney for a consultation.
This is not meant to be legal advice but only a general response to a general question. Legal advice requires more attention to details and circumstances to be accurate and reliable. Do not rely on this response as legal advice. If you want legal advice about your matter, you must set up a consultation with this attorney by calling (406)756-911.
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