HOW CAN I REMOVE MY MUGSHOT FROM THE INTERNET?
There are many websites that publish mugshots online. These sites access police databases
online for information on arrests. Mugshot websites have increased due to laws that require
open access to the public of arrest records. The mugshot websites hide behind the First Amendment
freedom of speech. An attorney may argue that the mugshot is being used as commercial speech
in order to defeat the First Amendment freedom of speech defense by the website. Commercial speech
as less protection under the First Amendment. Essentially, the mugshot websites are using
the image to make money. A demand letter from an attorney proving the victim’s exoneration
or case completion may get the website to remove the mugshot, although not always.
These mugshot websites thrive on advertisements that are paid to be on their sites. But these
sites also thrive on charging people to take down their mugshots from the sites.
The mugshot websites claim they are doing a civic duty by improving access to information,
but in reality the websites are destroying people’s lives.
States have passed legislation regulating these types of websites. Each state is different.
Some states make it illegal for the website to charge a fee for the removal of the mugshot,
such as Georgia, Illinois, Oregon, Texas, California, Missouri, Wyoming,
Maryland, Virginia, Kentucky, and South Carolina. In addition, Florida, Ohio,
and New Jersey have passed laws making it illegal to charge for the removal of
the mugshot and also requires the website to take down the mugshot if presented with
a registered letter requesting the removal from the victim of the mugshot exploitation.
If the jurisdiction does not have favorable laws and you were in fact found guilty of the offense,
then your options may be limited and you may have to pay for the removal of the mugshot.
The mugshot websites often have affiliated “reputation management” companies that offer
the removal of the mugshot. In practicality, the mugshot website and the affiliated reputation
management company are one and the same. Unfortunately, because the criminal statutes
are quite vague, this type of behavior may not qualify as extortion or blackmail.
The assistance of an attorney may be needed to help facilitate any
payment for the removal of a mugshot. The person’s mugshot may get spread to
numerous websites and a thorough search of the internet is required. The attorney
is required to negotiate the proper removal from all affiliated websites.