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

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.

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Attorney answers 4


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 former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


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 and click on expunging your criminal record for more information.


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


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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