Can police use my mugshot in training presentations after my case was expunged?

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.

Butte, MT -

Attorney Answers (3)

Timothy N. Baldwin

Timothy N. Baldwin

Criminal Defense Attorney - Kalispell, MT
Answered

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... more
Alex R. Hess

Alex R. Hess

White Collar Crime Lawyer - Boston, MA
Answered

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.

Michael Douglas Shafer

Michael Douglas Shafer

Criminal Defense Attorney - Norco, CA
Answered

An arrest mugshot is public record.

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