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Does Mugshots.com has an obligation to unpublish expunged records / mugshots once served with expungement papers?

Miami, FL |
Attorney answers 5

Posted

Courtesy. Good Luck.

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Asker

Posted

18 USC § 4 soon to be revisited

Asker

Posted

Every US Code posting is being recorded as are the delete request.

Posted

Agreed. Courtesy. However, I have found them to be reasonable in removing the booking photos of my clients who have had their records expunged or sealed. Generally, I can get them a copy of the Order Expunging the Record and the photo is removed within 48 hours, if not sooner.

Posted

As per their stated policy, it is out of courtesy, not out of obligation. So, play nicely !

Posted

I agree with my colleagues and Mr. Sullivan's assessment of their responsiveness.s

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions

Posted

I agree that it is a courtesy. I have had mugshots removed after I have had my client's case expunged or sealed. However, a firm letter to the mugshot company stating the mugshot needs to come down based on the sealing or expungement of a record doesn't hurt. Good luck. If you have any questions, feel free to call me at (561) 414-8016.

Brian Balaguera, Esq.
www.balagueralaw.com

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.

Brian Lee Michael Balaguera

Brian Lee Michael Balaguera

Posted

Those lawsuits are consumer based on complaints that the website charged money to "remove" the mugshots. People have complained that after it was removed, it was reposted on another affiliated website which also wanted money to take it down. People who have paid to remove the mugshots have complained that they have been harassed and extorted for more and more money from the affiliated websites. That's what the class action is about. Unfortunately, if you live in Florida there are "sunshine laws" which make public records available to everyone so they cannot be "stolen." In the instances where I have had mugshots removed, the charge on the website did not match what client was actually charged with (therefore, being defamatory because factualy untrue). Also, if the records were expunged/sealed so no longer available for the public.

Asker

Posted

Is it possible that those who paid to be removed from one site found their mugshot on an unrelated, unaffiliated site? There are few other scenarios like the one above that would make much more sense. I read about these claims before and I can tell you, not one single claim had any sort of evidence to back it up.

Asker

Posted

I used one of Avvo's attorneys with a letter, thank you all for your help.