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Arrests.org

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ConfusedEKC

Junior Member
What is the name of your state (only U.S. law)? Florida

What is the name of your state (only U.S. law)? Florida

Does anyone know what recourse I have in this situation? I was charged with a crime that was later dismissed and expunged... However arrests.org still has my mugshot up. This is causing me a lot of grief with my job and promotion opportunity.

Here's where I think there might be a case...

1) They have pictures of minors up.
2) They are making a profit (through advertising) off of these pictures.

Any thoughts??
 


quincy

Senior Member
ConfusedEKC, I suggest you read through some recent threads on this same subject.

ramzubio started a thread titled "flo" and it addresses his appearance on the florida arrest site. Some suggestions were made in that thread that you may wish to consider.

In response to a request by spookychief, there was a thread posted on April 16, titled "To spookychief and GingerA." It provides information on mug shots, arrest records, court cases and public records laws.

KTTNMD started the first thread about this particular website, titled "Any chance I can get florida.arrests.org to take down a mugshot of me?" Some areas were touched on it that thread that have not been discussed in the other threads.

Your concern is, apparently, a common one. Generally it has been found that mug shots and arrest records are public records and public records can be published online. A Florida District Court judge and an Appeals Court decision, however, may be able to be used to your advantage in getting the arrest records site to remove your mug shot.

The poster named ramzubio said he has contacted the ACLU. This is not a bad idea. You may wish to do the same.

Good luck.


Edit to add: You mentioned in the duplicate thread you started in the Arrests Section of the forum that you thought perhaps there might be a legal action available because the arrest website is a "commercial" site. This is an area that you may want to explore with an attorney in Florida.

The invasion of privacy tort, misappropriation of a name or likeness for a commercial purpose, is covered under Florida Statute §540.08.

An invasion of privacy/misappropriation suit was filed in a Lancaster County District Court in Nebraska last year against a "mug shot" publication called "Cuffed." Because of the commercial nature of the publication and the unauthorized use by the publication of the name and the photo of the Plaintiff, the complaint alleged that "Cuffed" violated Nebraska's invasion of privacy/misappropriation statute, §20-202. The lawsuit was later dropped by the Plaintiff when the parties were able to resolve the matter out of court.
 
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Just Blue

Senior Member
nmrejinipsg : You have violated the TOS of FreeAdvice with your post. It has been reported. Do not do this again.

Thanks!
 

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