Can I get my “mug shot” taken down off of a Sheriff’s website?

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Can I get my “mug shot” taken down off of a Sheriff’s website?

I was not prosecuted for the charges I was arrested for. The prosecutor gave me a letter that said that they are not filing charges. The Sheriff’s dept. tells me that my “mug shot” is public information. This is affecting my job and I want it removed. Can a lawyer get it removed for me?

Asked on April 26, 2012 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the sheriff's department will not remove your "mug shot" voluntarily from its website where you were arrested but not prosecuted let alone convicted of any crime which is the basis of your photograph, then you will have to retain an attorney to represent you in getting the "mug shot' removed.

In this country, people are presumed innocent until proven guilty of a criminal act. With respect to your matter, you were never convicted of the crime where your mug shot was taken. Whether the "mug shot" is public information or not, your appearance in the website puts you in an awkward position and creates a negative inference as to you. Possibly the retained attorney (suggest a criminal defense attorney) may be forced to file a petition with the court for an order requiring your photograph's removal from the website.


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