Georgia Mugshot Removal

Georgia Mugshot Removal Laws

The state of georgia has enacted two laws to help prevent Georgia residents from becoming mugshot victims. In 2013 Ga. Code 10-393.5 required that mugshot companies be required to remove images of any arrest that is eligible for restriction or restricted. Mugshot publishers are required to remove the image within 30 days of receiving a written request. Website that do not comply will face will face civil and criminal penalties.

The second law explicitly states that companies cannot access booking photos for the purpose of publishing them online and then charging a fee for the removal of said image.

Georgia residents are protected from the extortion tactics of mugshot publishers. Resident need to submit a formal request via certified mail, return receipt requested or statutory overnight delivery to the registered agent, principal place of business or the primary residence of the person who publishes the website.

Once the request has been made, websites have 30 days to comply before Georgia residents can file a formal complaint with the Georgia Department of Law Consumer Protection Division.

Below are the categories which qualify an individual for free removal of his or her booking photograph:

1. Access to their case or charges is restricted pursuant to Code Section 35-3-37.

2. Prior to indictment, accusation, or other charging instrument, their case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and the offense against the individual was closed by the arresting law enforcement agency.

3. Prior to indictment, accusation, or other charging instrument, the statute of limitations has expired.

4. Prior to indictment, accusation, or other charging instrument, their case was referred to the prosecuting attorney but was instead dismissed.

5. Prior to indictment, accusation, or other charging instrument, the grand jury returned two no bills.

6. After indictment or accusation, all charges were dismissed or nolle prossed.

7. After indictment or accusation, the individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or? hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of their probation; or

8. The individual was acquitted of all of the charges by a judge or jury.

Mugshot Removal Letter Sample

(Date)
(Website name)
(Address of website company)

To Whom It May Concern:

I am writing to request the removal of my arrest booking photo (“mugshot”) from your website at
(website address) pursuant to O.C.G.A. ?10-1-393.5.

Georgia law requires that you remove any arrest booking photograph if the arrest is eligible
to be restricted or has been restricted within 30 days of the individual depicted sending a
written request.

O.C.G.A. ?10-1-393.5 states the following: ?Any person who is engaged in any activity involving
or using a computer or computer network who publishes on such person?s publicly available
website a subject individual?s arrest booking photograph for the purposes of commerce shall be
deemed to be transacting business in this state. Within 30 days of the sending of a written
request by a subject individual, including his or her name, date of birth, date of arrest and name
of the arresting law enforcement agency, such personal shall, without compensation, remove
from such person?s website the subject individual?s arrest booking photograph? Without
otherwise limiting the definition of unfair and deceptive acts or practices under this part, a
failure to comply with this paragraph shall be unlawful.?

My arrest is eligible to be restricted and/or has been restricted. I am providing below the
required information for immediate removal of the photograph. Please see O.C.G.A. ?35-3-37
for restriction eligibility.

Name: _______________________________________________________
Date of Birth: _________________________________________________
Date of Arrest: ________________________________________________
Arresting Agency: ______________________________________________

I expect that my arrest booking photograph will be removed from the website (website
address) by (date 30 days from sending). Failure to comply shall be unlawful and subject to civil
and criminal penalty under Georgia law. Failure to comply will result in a formal complaint with the
Georgia Department of Law Consumer Protection Division
(http://ocp.ga.gov/consumer-services/filing-a-complaint).

Sincerely,
(Name)

To begin your complaint against a non compliant website go here: http://ocp.ga.gov/form/consumer-complaint/step1