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Getting mugshot removed from various websites

Lawrenceville, GA |

My shoplifting charge was dismissed nolle prosequi, but the mugshots on various sites are there, is there any way I can have them deleted from them
mugshot.com
mugshotsdatabase.com
Thanks

Attorney Answers 9

Posted

the arrest is public information and therefore so is the photo. I have yet to find a way to get those removed.

I would be interested to see if any of my colleagues had success in this.

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Posted

This is a tough spot and frankly this type of activity should be illegal. I think if you are so motivated, you should contact everyone you can and have them write your Congress Rep and try to foster some initiatives to combat this crap.

As my colleague noted, none of us have had luck dealing with this issue. I would be surprised if the webmasters even reside in the US making any enforcement impossible.

I hate to say it, but I really do not believe there is a remedy available to you here and like my colleague I am open and eager to hear from others if they have had success.

Best regards,
Frank
Natoli-Lapin, LLC
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Posted

I have linked below to an illuminating article which appeared in Wired Magazine in the summer of 2011 regarding the online mugshot industry. I hope you will find it useful.

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1 comment

Bruce E. Burdick

Bruce E. Burdick

Posted

Thanks for the link to the article.

Posted

If you look at previous threads you will find Mugshots.com comes up all the time and the lawyers on this site hate them! What they do smacks of blackmail, but because the information is publicly available, they are skirting the law.

One area where they are vulnerable is when they post pictures of people who have had their case dismissed, thrown out, etc. In those situations, you should be able to get your picture removed.

I know the State of Florida has passed a statute stating just that, and providing substantial fines for failure to abide by these rules. Other states have probably also enacted legislation.

Further, in Ohio, there is currently a class action law suit filed against mugshots.com trying to find the business model unlawful.

Because your charges were dismissed, I would contact them through their customer service to delete your picture. If that does not work, have a lawyer contact them.

You may want to discuss your situation with a lawyer in more detail. Most lawyers on Avvo, including myself, offer a free phone consultation.
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Andrew M. Jaffe
Attorney at Law
Practice Limited to E-Commerce and Internet Law
attorneyjaffe@aol.com
330-666-5026 www.netlaws.us

This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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Posted

You should the hundred or so other questions and answers on this same topic [visit the link below].

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Posted

See Georgia HB 150, passed to address this very issue:

http://www.legis.ga.gov/legislation/en-US/display/20132014/HB/150

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11 comments

L. Maxwell Taylor

L. Maxwell Taylor

Posted

Good news

Frank A. Natoli

Frank A. Natoli

Posted

That's a good start. Unfortunately, many of these webmasters simply host content abroad and will simply not respond to court orders, warrants, etc. Ripoff.com is a good example. Good for GA to recognize this very real problem and take action. I hope others will follow including our Fed government.

John Arnold Steakley

John Arnold Steakley

Posted

I agree that the new Georgia law sounds a little toothless.

Asker

Posted

So folks do we have a solution for my problems. John do you think you could help me.

Frank A. Natoli

Frank A. Natoli

Posted

You will have to make the decision as to whether you believe it is worth taking a shot that a demand letter citing the GA statute will be enough to persuade them to do something. I can tell you flatly that many of these sites ignore court orders so a lawyer's letter may end up at the bottom of a birdcage. It is not an easy choice to make under the circumstances.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

I can't tell you the number of times I have seen a scenario described in which the subject of a mugshot paid hundreds of dollars to have his or her mugshot removed, only to have the mugshot show up on another website run by an [apparently] different company.

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Thanks for the link to the Georgia law. The mugshot removal obligation apparently covers all mugshots except of those convicted of non-drug offenses and those convicted of drug offenses who violate their parole. Those people's mugshots do not have to be removed when requested. Which are good exceptions in my view. I have trouble, however, with the State of Georgia telling my California-resident client what it can or cannot publish on the internet. If my California-resident client is in lawful possession of a mugshot taken in Georgia [or anywhere] and it chooses to publish that photograph on the internet then the only Constitutional way a Georgia court gets to adjudicate that decision is if my client is amenable to suit in that state. And the way to figure that out is via the specific personal jurisdication analysis under federal law -- NOT the provision in this Georgia statute that declares my client to be engaged in business in Georgia simply because it published on the internet a photograph taken in Georgia. Good attempt at a solution. But this statute will only apply to those who are amenable to suit in Georgia under the federal jurisdictional rules.

John Arnold Steakley

John Arnold Steakley

Posted

I think Mr. Ballard makes a valid point.

Christine C McCall

Christine C McCall

Posted

I am always awed by the degree of sophisticated analysis that Mr. Ballard contributes to this site, and intimidated by just how high he raises the bar.

John Arnold Steakley

John Arnold Steakley

Posted

Yes, don't you just hate guys like that? :)

Maurice N Ross

Maurice N Ross

Posted

This is one of those issues that requires a federal solution; I am a simple lawyer. Why not make it a federal felon to post photographs taken incident to arrest on a web-site and then offering to remove the photograph from the web-site for a fee. This would not interfere with First Amendment rights since legitimate news organizations could use photographs of mug-shots whenever they want.

Posted

There is no solution at present. Hundreds of questions have been asked on this web-site concerning this issue. There is a similar issue arising with respect to "revenge porn" whereby web-sites provide a forum for ex boyfriends, girlfriends and spouses to take revenge by posting pornographic or otherwise unflattering images of their ex's on-line, and then offer to take down the photographs for a fee. There is an urgent need for legislation at the Federal level on this issue, but in the present hyper-partisan environment any attempt by progressives to enact new legislation that creates additional regulations of the internet is likely to be shot down by conservative/tea party extremists. This is the world we live in. Our copyright laws urgently need to be updated to take into account the age of the internet and social media, but there is almost no change that the GOP controlled House of Representatives will be willing to come up with rational legislative corrections.

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2 comments

Maurice N Ross

Maurice N Ross

Posted

Typo in the last sentence----there is almost no "chance".....

Daniel Nathan Ballard

Daniel Nathan Ballard

Posted

Maurice, the RIAA and MPAA are filled with liberals who do not want copyright law changed one iota from what they and their paid-for legislators, trade representatives, Justice Department officials, and Copyright Office lackeys have cobbled together since 1976. Opposition to copyright reform does not and will not come from Conservatives. But it will be staunchly and self-righteously opposed by well-funded Hollywood liberals who alternate working in the copyright industry and in government.

Posted

Mugshots.com will remove the mugshot if you have an expungement order. I have been able to successfully do this for two clients. You should look into whether your nolle prossed charge is eligible for expungement under Georgia law.

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2 comments

Asker

Posted

It is eligible for expungement. I am working on getting it expunged. Can you please guide me. Can I get it done myself.

Angela Ellen Cusimano

Angela Ellen Cusimano

Posted

Unfortunately, mugshots.com requires that the removal request be sent from an attorney, so you will not be able to get it removed yourself.

Posted

I have nothing substantive to add to this discussion, but I will share the experience of a former client (on another matter) who thought it would be easiest to just take a deep breath, hold his nose, and pay the removal fee for his expunged conviction. The photo was promptly removed exactly as promised. 12 days later it reappeared on a different web-site, one with suspiciously identical syntax in its text. The client was then solicited -- I mean offered -- removal from this site, for another, higher, fee. I imagine the number of web-sites in the family is sufficient to keep the scam going for a very long time.

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1 comment

Andrew Mark Jaffe

Andrew Mark Jaffe

Posted

I had a client with a similar experience. Once he paid mugshots.com he got posted on 3 new sites the next day. When he called one of the new sites to complain he thought he heard the person he paid off the day before in the background.

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