In Florida, a person has the ability to publish their name or photo online without consent. This simple search of “mugshots” will result in pages of personal information on people arrested, charged with a crime, and those who have been taken into custody. Many people are unaware that a mugshot is a crime scene photo and can be accessed by anyone with an internet connection.
What mugshots are, how they are obtained
Every year, hundreds of people in Florida are arrested for various crimes. Unfortunately, the information about their arrest is often published online, sometimes even on a mugshot gallery page. This can lead to many negative consequences down the line including being refused employment or housing. Luckily, it is possible to have these posts removed by filing a petition under Florida’s “Unlawful Posting of Personal Information” statute. The law states: A person commits unlawful posting if he knowingly publishes personal information on any website accessible via computer network without first obtaining consent from each individual whose image appears in such publication. In other words, you must get permission before publishing someone else’s picture and/or name. If your case goes to court, there are two ways that this could be proven. First, you would need to show that they posted the photo themselves. Second, you can prove it was done with their knowledge or consent. This is not an easy task because most people do not realize how much damage can occur when photos are published online.
How can mugshots be removed from the internet in Florida?
In general, mugshots can be removed from the internet in Florida with a court order. If a person has a mugshot online and need to have it removed, they should contact a local attorney to help them obtain the proper legal paperwork. The attorney will advise them on how to proceed and what they need to do. The attorney will also likely charge a fee for this service.
Other methods to remove a mugshot
Mugshot removal in Florida is governed by state law. Anyone can petition to have mugshots removed in cases where the charges were dismissed, the case was adjudicated without judgment, or upon a reversal from an appellate court. The Miami-Dade county clerk’s office has a mugshot removal process on their website. In order to remove your mugshot, you must fill out and submit a form with all of the necessary details about why you want it taken down. If approved, they will send you a letter stating that your mugshot has been deleted.