Can a mug shot website be in contempt of court for violating an expunged record?

Criminal Defense 10 views 4 answers
I would like to know if it is illegal for the mug shot websites to continue posting a mug shot of a person who has had their file expunged.

Attorney Answers

4
Alberto Quirantes ·
Not if the mug shot company is not aware of the court order. Get an attorney to represent you on removing not only this information but that from all of the other mug shot companies that you may not be aware of publishing this information. An attorney can make a demand that they remove the information within 10 days or be subject to contempt of court. Then an attorney can file for a rule to show cause with the court. There is also a bill that was proposed in the Florida legislature to make it prima facie evidence of defamation for a mug shot company to continue publishing this information after notice. So, they are facing potential jail time and a lawsuit from the attorney that you hire. Contact one of us about this soon.
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Robert Degroot ·
No and No. Get to an attorney to discuss this.
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Michael Haber ·
No. Expunge Orders only effect municipal, county and state agencies. They have no effect whatsoever on private or other governmental agencies. Sorry about that but that's how it is. Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies (for example if fingerprints, mugshots, DNA or anything else - including crime statistics bearing your name or identifying information - were uplaoded to the FBI database then a local Order of Expunction would not effect the Feds) and that it has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle. For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision. I hope that I have been helpful in answering your question.
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Catherine Drees ·
Our law firm uses a company that has relationships with all of these websites and does a great job at removing these negative internet presences, as they say.
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