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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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My mug shot was placed online through four different websites.

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My mug shot was placed online through four different websites. I received an expungement two years ago for the charge, but it seems as if the mug shot was a jail photo. I've had to pay hundreds of dollars to these internet systems to have it removed. Am I entitled to damages from the jail and sheriff's office as they were supposed to trash all records of the arrest two years ago?
Welcome and thank you for your question!

Do you have proof that the jail released the photo to these online providers AFTER the expungement was issued?

Or, was the photo released before?
Customer: replied 4 years ago.

I don't have any proof just the pictures. The websites posted all the photos this year 2012, and the arrest was in May 2009. The expungement was in Sept 2010.

Thank you.

The expungement law does not require a jail to purge booking photographs. Rather, booking photos are public records and are to be produced, upon demand, under the state public records law.

The police department has no legal liability for what a third-party does with such a photograph.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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