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In Missouri, as in many states, arrest records and accompanying mugshots are considered public information. This means that after an arrest, your mugshot can be accessed by anyone, including employers, landlords, and acquaintances. The proliferation of websites dedicated to publishing these images has made it increasingly challenging to maintain personal privacy and a positive online reputation.
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Employment Challenges: Potential employers often conduct online background checks. A publicly accessible mugshot can lead to missed job opportunities, as it may raise concerns about an individual's character and reliability.
Housing Difficulties: Landlords may hesitate to rent to someone with a visible arrest record, fearing potential risks to their property or other tenants.
Social Stigma: Friends, family, and community members who come across your mugshot online might make negative assumptions, leading to strained relationships and social isolation.
Recognizing the potential harm caused by the online publication of mugshots, Missouri enacted legislation to address this issue. On July 9, 2014, Governor Jay Nixon signed a law making it a misdemeanor to publish police booking photos on websites and then solicit payment for their removal. This law aims to curb the exploitative practices of certain websites that charge individuals to remove their mugshots. (Wikipedia)
While the 2014 law provides a foundation for protection, individuals may still find their mugshots online. Here are steps to help remove these images:
Expungement is a legal process that allows individuals to have specific records sealed or destroyed. In Missouri, if your arrest did not result in a conviction, or if certain conditions are met, you might be eligible for expungement. Once an expungement is granted, the records are no longer publicly accessible.
How to File for Expungement in Missouri:
Obtain the Appropriate Forms: The Missouri Courts provide specific forms for expungement petitions. These forms can be accessed on the official Missouri Courts website.
Complete the Petition: Accurately fill out the petition, ensuring all relevant details about the arrest are included.
File the Petition: Submit the completed petition to the court in the county where the arrest occurred.
Attend the Hearing: A hearing will be scheduled where you can present your case. It's advisable to have legal representation to navigate this process effectively.
Some websites may comply with removal requests, especially if the arrest did not lead to a conviction or if the record has been expunged.
Steps to Request Removal:
Identify the Website: Make a list of all websites displaying your mugshot.
Find Contact Information: Look for contact details on the website, often found in the "Contact Us" or "Privacy Policy" sections.
Draft a Polite Removal Request: Clearly state your reasons for the request, providing any supporting legal documents, such as proof of expungement.
Follow Up: If there's no response, send a follow-up email or consider seeking legal assistance.
Given the complexities involved in removing online mugshots, many individuals opt for professional assistance. Companies like Remove Arrests and Defamation Defenders specialize in this area.
Services Offered:
Comprehensive Online Search: Identifying all instances of your mugshot across the internet.
Direct Negotiation: Engaging with website administrators to facilitate the removal of your images.
Search Engine De-indexing: Ensuring that removed content no longer appears in search engine results.
These services often have established relationships with website operators, enabling them to expedite the removal process effectively.
To safeguard your online reputation moving forward:
Monitor Your Online Presence: Regularly search for your name and assess the information that appears.
Adjust Privacy Settings: Ensure your social media profiles and other online accounts have strict privacy settings to control the information shared publicly.
Be Cautious with Personal Information: Limit the amount of personal data you share online, as it can be used to associate you with past incidents.
A1: While attorney fees can vary, the court filing fee for an expungement petition in Missouri is approximately $250. Some organizations offer pro bono services or assistance for low-income individuals.
A2: The process can take as little as 120 days, depending on the court's schedule and whether there are any objections to the petition.
A3: No, certain offenses, especially violent crimes and sex offenses, are not eligible for expungement. It's essential to consult legal counsel to determine your eligibility.
A4: While expungement seals official records, it doesn't automatically remove content from private websites. You may need to contact these sites directly or seek professional removal services.
A5: Yes, Missouri law prohibits websites from publishing booking photos and then soliciting payment for their removal.