If I did not get arrested and was just given a citation, should my picture be on-line?
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If I did not get arrested and was just given a citation, should my picture be on-line?
I was caught shoplifting from macys a month ago and paid the civil demands that same night. I was never hand cuffed or placed under arrest at anytime. I was just given a ticket and court date. At court they said i was to enter a diversion program and the incident would be expunged from my record. This is the first time I’ve done anything against the law ever. I was told the picture they took was for record only but now its on the gwinnett mugs website saying I was arrested. This is causing me to lose my job. Is this the way it was supposed to happen or can I do something about it?
Asked on August 7, 2012 under Criminal Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately under the laws of all states in this country, "mug shots" of a person who has been arrested are public records. Assuming you get your conviction expunged for the shoplifting charge, you need to consult with your attorney to file a petition with the court to "seal" all matters concerning your arrest including the online "mug shot". If granted, then most likely the photo that you are objecting to will be removed from the public domain.
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