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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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.
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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.
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.
Andrew M. Jaffe
Attorney at Law
Practice Limited to E-Commerce and Internet Law
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You should the hundred or so other questions and answers on this same topic [visit the link below].
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See Georgia HB 150, passed to address this very issue:
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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.
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.
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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