While the second kind of law doesn't protect people who have actually been convicted of a crime, it does provide protection to many people, including those whose guilt was never proven beyond a reasonable doubt or whose names were cleared. Despite the kinds of reform noted above, many people continue to suffer from their mugshots being posted online. Their struggle has inspired other ideas, like law enforcement agencies stepping in and using copyright law to get mugshots off websites. Potential solutions to the problems posed by mugshot websites may sometimes lie outside the law.
According to a New York Times article , some credit card companies and Paypal stopped processing payments to mugshot sites. Without a way to make money, the hope was that these sites would simply shut down. But if even one credit card company continues to process payments, the sites have an incentive to keep posting. And such websites can make money from advertisements even if they can't charge to take photos down. Google has reportedly made changes so that mugshot sites wouldn't appear so prominently when a person's name is searched.
But reports are that mugshot sites have been effective working around these changes. Ideas people have tried to address their own situations include paying third-party companies like reputation-management services and increasing their online presence in order to "bury" or "push down" the search results that display their mugshots. The latter option isn't intended to remove the information in question from a mugshot site but rather to get it to fall so far down in search results that other people won't see it.
Online discussion forums, including ones hosted by Google, have other ideas for affected people. Having your mugshot on the Internet for the world to see can have serious consequences. If your mugshot is published, you may want to talk to an attorney about the law in your state and your options. Some but not all attorneys in several areas of practice—like criminal defense, criminal record expungement, Internet law, consumer protection , and personal injury —handle these kinds of cases.
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Grow Your Legal Practice. The most powerful way to remove a mugshot photograph is to have your arrest and court record either sealed or expunged. If you are eligible for sealing or expunging, then a criminal judge would sign an order that would order all law enforcement and courts to either destroy or seal the records. If you have been arrested or need legal representation in Miami, FL, contact us today at to let us get started on your case. Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.
This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.
If you have been arrested in Florida, you may be charged with either a misdemeanor or a felony. While felonies are more serious Eric Garner. Michael Brown. Laquan McDonald. Florida H. Chapter Relates to expunction of criminal history records; provides that any person or entity engaged in the business of publishing or otherwise disseminating arrest booking photographs of persons who have previously been arrested through a publicly accessible print or electronic medium may not solicit or accept a fee or other form of payment to remove, correct, or modify such photographs; provides for a civil action and damages for violations.
Montana H. Mississippi H. Exempts booking information from the public records act if the person being booked is held in custody solely on the basis of the person's mental health status; defines the term booking information for purposes of the exemption.
Ohio H. Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity's website the arrest and booking records of a person whose charges have been discharged or dismissed, or who is found not guilty of a charge, without fee or compensation, shall remove the arrest and booking records within thirty days of a written request; provides a penalty for a violation.
South Dakota S. Provides for the release of certain booking photographs. Law enforcement agencies are not required to provide or reproduce a booking photograph older than six months from the date of request. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction.
Terms and Conditions. Legislation was enacted in Florida, Kentucky and South Carolina in Arizona H. Relates to unlawful use; relates to booking photos; relates to information. Does not address commercial mug shot websites. Died in committee. Relates to arrest booking photographs; prohibits persons who publishes or disseminates arrest booking photographs through certain medium from soliciting or accepting payment of fee or other consideration to remove, correct, or modify such photograph; authorizes a civil action; provides civil remedies; provides a civil penalty; prohibits a justice agency from electronically publishing arrest booking photographs of certain arrestees.
Relates to public records; specifies that certain confidential information relating to juvenile justice is exempt from public records requirements; revises the applicability of public records requirements with respect to the arrest records of certain juvenile offenders; authorizes a custodian not to post certain images; provides an exemption from public records requirements from intrastate sources; provides exceptions; provides for the release of such information of a juvenile under certain circumstances S.
Relates to arrest booking photographs; prohibits a person who publishes or disseminates an arrest booking photograph through a certain medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph; authorizes an action to enjoin publication or dissemination of an arrest booking photograph for a violation of the act; specifies the time limit for the removal of an arrest booking photograph pursuant to a court order.
Hawaii H. Amends the Freedom of Information Act to exempt from inspection and copying records requested by a person committed to the Department of Corrections or a county jail, the disclosure of which would result in the risk of harm to persons or risk of escape; includes records requested by such persons containing victim information, and law enforcement records of other persons committed to the Department of Corrections or a county jail, including arrest and booking records, mug shots and crime scene photographs.
Kentucky H. Prohibits for commercial purposes the use of booking photographs and photographic records generated by law enforcement for identification purposes and taken of an inmate under certain conditions; allows for a right of action for certain persons requesting the removal of a photograph taken; provides for civil penalties; defines related terms; provides for service credits and sentence reductions to county jail inmates for receiving a general equivalency or high school diploma, and for good behavior.
Relates to when booking photographs taken after arrest of a person or the defendant shall be made publicly available. North Carolina H. Special session Makes post-arrest photographic images confidential and not subject to public release unless the person photographed is charged with a felony or the release is requires to secure the public's safety.
Prohibits a person engaged in ;publishing criminal record information from accepting a fee to remove, modify or refrain from disseminating records and booking photographs.
Provides that a person found not guilty may apply to expunge the record; related to prostitution-related offenses and victims of human trafficking; provides that a criminal penalty related to fraud by casino operators and employees applies at their casino facility or an affiliated facility. Washington H. Wisconsin A. Relates to removal of certain criminal record information from Internet sites without a fee; provides a criminal penalty.
Alabama H. Requires websites containing personal information of persons charged with crimes to remove information at no charge upon request; provides civil penalties; provides presumption of defamation.
Florida S. Maryland H. New Jersey S. Not only do these pages humiliate their subjects, but they also damage their chance of finding a job, housing or even potential dates because mugshots create a powerful visual association between the subject and criminal activity, regardless of guilt.
The association is deemed so powerful that courts try to avoid showing mugshots to juries to avoid prejudice. It can be a lucrative business. The founders of Mugshots. Kim not her real name , a Canadian in her 30s who runs her own design company, is scared that prospective clients might see her mugshot, which was taken after a violent — and what she alleges was wrongful — arrest as she was leaving a gay bar in Florida in Police officers were trying to move the crowd along, but Kim had become separated from her friend so took shelter in a doorway.
She explained to a nearby police officer why she was waiting, but he insisted she move. She opened her mouth to protest and within seconds, she alleges, the police officer grabbed her wrist and spun her into the cuff position, slamming her face into the door.
Kim was taken to hospital for several stitches above her left eye the Guardian has seen photos of her injuries before being taken to jail where she was charged with resisting arrest. The charges were dropped days later. She turned to Google in a panic.
Although her charges were dismissed weeks before, her battered face was staring back at her from several mugshot websites.
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