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Does Mugshots.com have the right to publish expunged records?

Orlando, FL |

I had my record expunged, how can they still post it?

Attorney Answers 6

Posted

In my experience if you provide them with the Order expunging your record they will remove the photo.

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Larry Thomas McMillan

Larry Thomas McMillan

Posted

I agree with Colleen, but the answer to your question is yes. Mugshots.com does have the legal ability to post the image.

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

Send them a letter demanding they remove it along with a copy of the expunction order. Send it certified mail. They will remove it immediately because not doing so upon notice of the expunction can make them liable for civil penalties. If they say you have to pay to have it removed, contact an attorney immediately.

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Posted

Yes, Mugshots.com has the right to publis expunged records. However, as the other attorneys have stated there is a way to have the image removed.

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Posted

My understanding is as long as it is accurate they can post it. Generally they say you were arrested which I assume is true but they also say you are innocent until proven guilty. The expunction applies to the government's records. Some of them will take it down but my understanding is that they could leave it up.

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Posted

They do because they are a private company. You have to pay a fee to get it off. Sorry.

For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com

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Posted

I have been able to have them removed in the past. Unfortunately, they are out of state and it's difficult to figure out who owns the website(s).

The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.

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