Legal Corner

Internet arrest record update
sinbad1000 1305 reads
posted
1 / 13

I recently was arrested (first offense) for soliciting prostitution.  Ever since my arrest, my name has been appearing in arrest and criminal record ads that appear on the screen whenever anyone searches my name in Yahoo and other search sites.  This is bad news.  Is this something I have to live with the rest of my life, or does these ads go away over time.  Anything I can do from my end to remedy this situation?  
 
 Thank you,

ex 9 Reviews 979 reads
posted
2 / 13

A couple female friends
of mine got arrested and
then paid the mugshot
websites the fee to have
their pics removed, It
cost them alot of money.....

So I guess I should be
asking if your pic is coming
up on those searches too....

And are the sites with the
ads mugshot websites?
If they are, then it might
be as simple as removing
your mugshot.

I don't know if these
suggestions will help.....

http://howto.cnet.com/8301-11310_39-57417419-285/how-to-delete-yourself-from-the-internet/

http://www.usatoday.com/story/tech/columnist/komando/2013/01/25/komando-delete-yourself-internet/1852143/

JenniferJonesDC See my TER Reviews 895 reads
posted
3 / 13

Here's the problem with the private content aggregators (lexis, westlaw, etc): they aren't government agencies, so they don't have to follow any laws about public records.

Generally, arrest records are public information. However, they are usually only easily accessible to those who know where to look. (Anyone wanting arrest records in VA, let me know!). The content aggregators do know where to look, and the minute something is updated, they take the information off the public websites. Now, because it is public information that is all legal.

Let's say you end up getting found not guilty of solicitation, and you are able to expunge (erase) the record of the arrest from your criminal record. Now, the state government has officially said that fact no longer exists. The problem is that because the private companies are not government agencies, and they used public information initially, they aren't required to take any action to delete the records. Not a great system.

And, lots of the sites will ask you to pay a fee to get your info removed from the site. Go ahead and pay it, but understand that they are under no obligation to remove the info. You can send all the cease and desist letters you want, you can send over expungement orders, but there is absolutely nothing you can do if the site is using truthful information.  

The only thing to do is wait it out - if you don't pay the "fines" within a few months, they'll move on to other desperate Johns.

Oh, and call a GOOD criminal defense lawyer. The best way to find the good ones are to call the public defender office in the area, and ask for who they send people to. Those are the ones who know the ins and outs of the system, because they're former PDs who have spend years dealing with the prosecutors and judges. Just because an attorney is the highest paid in the area doesn't mean you're getting a good deal.

JenniferJonesDC See my TER Reviews 286 reads
posted
4 / 13

For example, if there's a conviction, or even a dismissal after a guilty plea, you can't get it expunged in VA. In MD, you can get even a conviction expunged after 5 years of good behavior.

DAVEPHX 294 reads
posted
5 / 13

Expunged in most or all states means removed as active record but can still be found my employers etc using deep record searches.   And if asked if every been conflicted most lawyers agree you have to disclose expunged records.  

In Arizona there is no such thing but "set aside" which is similar but you still have a record just not as easy to find since not in public court records.

Hu11 40 Reviews 732 reads
posted
6 / 13

You may try their service.

cece See my TER Reviews 321 reads
posted
7 / 13

You don't know what you are talking about and unless you are an attorney don't give out wrong and bad advice.

Expunged means the record is destroyed. If you were never convicted is when you can get a record expunged. The entire record is destroyed. I know several people here in Illinois have had records expunged because they were never convicted. It usually cost around $1000 to have it done but all the records are destroyed, that is why it is called expunged.  

I suggest that you look up the expunge procedure for your state and see what exactly happens to the records. They will also tell you what will happen with a background check.

Please unless you are an attorney don't scare people. It's bad enough being arrested for this type of stuff let alone getting bad and wrong advice

Panthera12 290 reads
posted
8 / 13

Expunged does not mean that the record of an event is destroyed. It may be expunged for non governmental purposes, but remains in storage indefinitely and accessible to various types of law enforcement and of course government entities.  

I do have to question Dave's comment about "deep" searches and accessibility by corporate searchers though, but there may be some validity to that also.

Cece, nothing is ever destroyed these days.

ActualLawyer 254 reads
posted
9 / 13

I am an actual lawyer (using an alias for ID reasons). As stated above, expungement processes depend on the state. EVERY state is different, so you'd need to talk to a real lawyer to get the truth about what happens in your jurisdiction. Here's the basics - just about every post above has some truths and untruths.  

BASICS:

1. Expungement deletes an entry into someone's criminal history from the public record.
2. Expungement deletes the entry AFTER the entry occurs. This is important because:
3. Non-governmental agencies have access to every entry as it occurs. Think background check agencies. Lexis and Westlaw both collect the info as soon as someone is arrested.
4. Non-governmental agencies are not bound by expungement laws. Because they are non-governmental and expungement only deletes the entry from the public record. Not private.
5. In near every jurisdiction, expungement IS considered a complete erasure, and thus expunged records do not need to be disclosed.
6. However, even light searches may uncover the expunged records due to #4.  
7. What you have to disclose during employment applications and background checks is dependent on the exact question you're answering, so read the Qs carefull! Usually they'll say to exclude anything that has been expunged, but some government security clearance forms WILL require disclosure of expunged items.
8. What is erased is different in each jurisdiction. Some places will only erase conviction/charges, others will erase the very fact someone was arrested. Again, see #7.
9. You do not always need to be found not guilty to get things expunged. Many states have diversion dockets or special tracks where after community service and good behavior, the charge is dropped without conviction. These may or may not be expungeable depending on the jurisdiction.

Clear? Call a lawyer in your area for clarification. :)

DAVEPHX 259 reads
posted
10 / 13

This issue just raised in the Temple case in Arizona where the prosecutor tried to convince a defendant (there were 38 with felony charges although almost no evidence of any sex acts actually done) that she should not worry took felony plea it could be expunged.

First of all there is no such thing in AZ (it is a set aside).

A long-time know companion has told me she had a minor offense set aside 30 years ago and she can still easily find it on the Internet (assume one of the private sites).

In Arizona our dear Sheriff Joe which handles most jailing after arrest in the entire County (Maricopa) posts daily the mugshots of all arrested and many private sites now pick up the pictures and have to pay them to remove (Joes mugs only available for 3 days but allows all the private mug shot sites to copy since public info.)

And many are now felonies (criminal enterprise) if working with anyone else - boyfriend gets financial benefit, driver, share incall etc makes it a felony in AZ with a VERY aggressive County Attorney.

DAVEPHX 730 reads
posted
11 / 13

1994 Expunged record take down FINRA director

In early June 2013, a FINRA (regulator of securities industry), director resigned after his expunged record was revealed.  His 1993 indictment on a felony was dismissed and he pled guilty of a misdemeanor which was expunged in 1994 after he completed 100 hours of community service, made a $500 charitable donation and a $500 fine.

The supposedly expunged record was found in handwritten docket entries in a court record from 1993.   He had not disclosed this expunged record when hired decades ago by FINRA and when discovered resigned.

sinbad1000 659 reads
posted
12 / 13

Greetings,

Thank you everybody for your thoughful feedback and advice.  It has been a few weeks since my arrest for solicitation.  My lawyer says I have a case and submitted to the court that my case be dismissed.  The court has made a counter proposal and has proposed something, I don't know what, but am scheduled to meet with my lawyer this week to find out. By the way, I reside in California.  

In regards to the internet ads, I found the ads were most prevalent right after my arrest and right after my arraignment, the ads were poping up all over the place when I did a yahoo or google search of my name.  Now it seems the ads have diminished to some extent.  On google, no ads appear, but on yahoo one ad does consistently appear and other ads might or might not appear, it seems like a game of chance each time I search my name.   I have never clicked on an arrest or criminal record ad to see what info. it contains.  I'm afraid if I do this, it will just exacerbate the ad problem.  Do these arrest record ads paid for their advertisements based on the number of click thrus?  If so, I can have a friend create an algorithm and have my arrest record ad clicked on thousands of times; this might be one way to get back at these sinister ad people. I haven't contacted the ads to pay the ads off to remove my name, how much would it take to "bribe" to remove the ad?

FYI, I did not see "mugshot" ads appear, yet anyway. Just arrest record ads. I also did get some juke emails stating on the heading someone had looked at my arrrest record.  This is the latest, thanks for all your advice and guidance.

Best

DAVEPHX 663 reads
posted
13 / 13

Whether mug shots are public depends on local jurisdiction that does the booking.

In Phoenix, are beloved Sheriff Joe does most of the county bookings at 4th Ave Jail in Phoenix and prides and brags about mugshots posted on his own crime fighting site.  You are even encouraged to vote for the mug-shot-of the day and winners (the oddest looking or most beautiful) get their special winners listing.

Then we have zillions of board that have them forever unless you pay them to remove as on Sheriff Joes site they disappear after 3 days but since a public record anyone can copy them and do the blackmail scam.  

Usually the arrest record just basics like full name, DOB, height/weight and what the charges are - bad enough to embarrass which is why "crime fighter" Joe posts them - and keeps getting re-elected for decades

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