You did everything right. Your case was dismissed, your record was cleared, and you are ready to move forward, but your arrest photo is still plastered across websites for anyone to find. In Florida, a mugshot online after your record has been expunged or sealed is not just an embarrassment; it may be a violation of your legal rights, and you may have more recourse than you think.
Your case does not have to follow you forever. At The Wiseman Law Firm, we work with clients throughout Central Florida who face this exact situation, and our team knows how to put the law to work on your behalf. Attorney Simon Wiseman is a former Orange County prosecutor with more than a quarter-century of trial-tested experience, and we have taken on mugshot websites, sent cease-and-desist letters, and pursued civil remedies for clients who were wronged, even after their records were legally cleared.
What Florida Law Says About Mugshot Websites
Florida law gives you real teeth when it comes to fighting back against websites that profit from your arrest photo. Once your record has been expunged or sealed through the Florida expungement process, a website that continues to display your booking photo after receiving proper notice may be in violation of a court order.
Florida Statute § 901.43
Under Florida Statute § 901.43, any person or entity that publishes arrest booking photographs cannot charge a fee to remove them. More importantly, once you submit a written removal request with proper identification and proof of your qualifying case outcome, the website has 10 calendar days to take the photo down. Failure to comply opens the door to civil action, including a penalty of $1,000 per day for noncompliance and an award of reasonable attorney fees and court costs.
This is a powerful protection that many Floridians do not know they have. If you have had your record expunged or sealed and a website is still displaying your booking photo, you are not without options.
When a Website Is Violating a Court Order
An expungement or sealing is not merely a formality; it is a court order. When a website continues to display a mugshot in violation of that order, it is not just bad behavior; it is conduct that courts take seriously. We have sent cease-and-desist letters on behalf of clients in this situation, and in many cases, the threat of civil litigation is sufficient to compel removal. When it is not, we take the matter further.
This type of case is well-suited for clients who want efficient, streamlined representation. Our team handles the written demands, the follow-up correspondence, and any civil filings necessary to enforce your rights. You focus on rebuilding your reputation while we handle the legal pressure.
What You Need to Qualify
Not every mugshot removal situation is the same, and your eligibility for legal action depends on the specifics of your case. Generally speaking, you may have a strong legal basis for removal if:
- Your charges were dismissed, dropped, or resulted in a not-guilty verdict
- Your case was not filed by the State Attorney’s Office
- You have a court-ordered expungement or sealing under Florida law
- The website received your written removal request and did not comply within 10 days
A qualifying outcome is what gives your removal request its legal force. Without it, the website is under no statutory obligation to act. That is why cases involving felony charges or misdemeanor charges that were ultimately dismissed or not prosecuted are worth discussing with our team, even if the arrest itself left a lasting digital footprint.
What to Do If the Website Does Not Comply
If you have already submitted a removal request and the site has not responded or removed your photo, you have legal options. Florida courts can issue injunctions against noncompliant publishers, impose daily civil penalties, and award attorney fees. In some circumstances, refusal to remove a booking photograph after a valid request also constitutes an unfair or deceptive trade practice under Florida law.
It is worth noting that you should never pay a mugshot website to remove your photo. Doing so may encourage those sites to re-post your image on affiliated platforms or simply repeat the same cycle. Your rights under Florida law do not require you to pay anyone. If a website demands payment, that is a red flag and a reason to contact us immediately.
Contact The Wiseman Law Firm to Protect Your Reputation
Your arrest does not define you, and Florida law agrees. If a website is displaying your mugshot in violation of a court order, we want to hear from you. We have the legal knowledge and hands-on experience to pursue removal through formal demand and civil action, and this is the kind of matter our team handles directly and efficiently.
Do not let a booking photo undo the fresh start you have legally earned. If you have questions about illegal search and seizure or any other aspect of your criminal case history, we are available around the clock to discuss your situation. Reach out to our team today through our contact form to get started.