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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35378
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I had a file expunged back in 2006. I recently stubbled upon

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I had a file expunged back in 2006. I recently stubbled upon a site that is publishing my mugshot and the arrest location is incorrect (not the state in which i was arrested).
1. can they post my image even though my file is expunged?
2. are they braking the law by saying i was arrested in a different state?
Hello,
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Thank you for using JA. Unfortunately, when a record is expunged, it is restricted from any future access by the public without a court order. However, if someone already has the information from the public records then an expungement would not prevent them from publishing the information since it was a public record when they obtained it.
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However, if they are posting incorrect information, then that could give rise to a cause of action for defamation and libel. For a cause of action for defamation/libel you would have to prove damages and the following elements:

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a defamatory statement;

published to third parties; and

which the speaker or publisher knew or should have known was false.

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The first two elements are easy to prove, the third may be more difficult if they didn't know it was the wrong state.

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But the typical way this is resolved is to have an attorney send a "cease and desist" letter to them stating that they are publishing false information that is defaming their client. Failure to remove the posting will result in you filing suit for defamation and libel and seeking compensatory as well as punitive damages for their willful and malicious actions. It should cost around $100-150 to get an attorney to send the letter for you.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

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