In today's digital age, information can be disseminated quickly and widely. This includes mugshots, which can have a significant impact on a person's reputation. In Florida, there are laws and procedures in place to protect individuals from the harmful effects of these photos. Regardless of whether you are found guilty or not guilty of a crime, you have the right to request a mugshot be removed from sites.
The Impact of Mugshots on Reputation
The publication of mugshots can have serious implications on a person's reputation. These photos can be easily accessed by employers, colleagues, friends, or family members, which can lead to embarrassment, stigmatization, or even discrimination. It's, therefore, crucial for individuals to take steps to have these photos removed as soon as possible.
Florida Laws Concerning the Removal of Online Mugshots
Florida is a state that takes the misuse of mugshots very seriously. With laws in place to protect individuals from the potential harm caused by their public dissemination, it's important to understand these regulations and how they've recently been updated.
The original mugshot removal law in Florida came into effect on July 1, 2018. However, as of October 1, 2021, a new version with stricter repercussions for non-compliance has been enforced.
The updated law (Florida Statute § 901.43) clarifies that any individual or entity that has received a request to remove a mugshot must comply by not only removing the image but also refraining from republishing or redistributing it. This reinforcement serves as a stern warning against the misuse of such sensitive information.
Failure to adhere to this law can lead to severe penalties. If a mugshot is republished or redistributed after a proper removal request has been issued, the responsible party may face a penalty of $5,000 per day.
How to Remove Mugshot Photos After an Arrest
If your mugshot has been published, you should send a written request for its removal to the publishing entity, as outlined in Florida Statute 901.432. You should keep a copy of this letter for your records. You will also need to submit proof of identity.
If the company fails to remove your photo within 10 days, consider seeking legal assistance. It is also important to note that the website you wish to remove must be a for-profit website.
Our Team Can Help with Expungement & Record Sealing
Having a criminal record can be a significant obstacle in life, affecting everything from employment opportunities to housing applications. Fortunately, options like expungement and record sealing can offer a fresh start.
The Law Office of Jody L. Fisher is well-versed in these areas and ready to assist you in navigating these complex processes. We can also assist you with making removal requests.
Give us a call at (352) 503-4111 or reach out online to schedule an initial consultation.