If I was indicted but not convicted, can I get my mugshot and charges removed from the county’s website?

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If I was indicted but not convicted, can I get my mugshot and charges removed from the county’s website?

I am a teacher and recently discovered that my mugshot from an arrest from 6 years ago is online at the county’s inmate website. My employer knows all about it but of course this is humiliating to me. I had a car accident and the contents of my purse flew everywhere. When the police showed up and saw pill bottles they investigated and found 6 different controlled substances all in 1 bottle. There are 14 charges listed under my mugshot – x6 possession, x6 not in original container, x1 intent to distribute, and x1 failure to maintain lane. These were previously prescribed to me and having proved that I pled to 1 charge of not in original container which is a misdemeanor. Since I was not convicted of any of the other charges, is there a way to get them off of that website? Is there any way to get my mugshot off of that website altogether? A police officer can arrest you for anything that they choose even if they know the charges won’t stick and your mugshot with all of those charges ends up on theiInternet for the world to see and it makes it look like you are guilty of the charges. This doesn’t seem right to me. The intent to distribute is especially disconcerting.

Asked on May 18, 2012 under Criminal Law, Georgia

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In most states, if you have been arrested for a criminal offense, but were not convicted (i.e. found not guilty at trial), or the charges were ultimately dismissed, you are entitled to have your arrest record, which includes fingerprints and sometimes mugshot, removed and destroyed. If you were convicted on any of the charges, then the arrest record will remain.  You have to meet all eligibility requirements to do so, and the Judge in which you appeared before often has to sign off on your motion to destroy your arrest record. Because each state's handling of this is different I would advise you to contact the court in which you appeared to determine the proper method of filing a motion to destroy your arrest record.


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