A booking photograph can appear online long after an arrest, affecting how other people view the person pictured. An arrest is not a conviction. Florida provides several possible ways to address an online mugshot, but the appropriate remedy depends on who published it and the circumstances of the case.
Florida’s law governing commercial mugshot publishers
Section 901.43, Florida Statutes, applies to publishers that solicit or accept payment for removal, or whose primary business model is commercially publishing and disseminating booking photographs. It prohibits covered publishers from charging for removal.
The person pictured or their legal representative must send a written request by registered mail to the publisher’s registered agent, with sufficient proof of identity and specific information identifying the photograph. A covered publisher must remove it within 10 calendar days after receipt and cannot republish it. Removal does not depend on acquittal, dismissal, or expungement.
If the publisher refuses, the person may seek an injunction. Courts may impose $1,000 per day for violating an injunction, or $5,000 per day for violating an injunction addressing republication, and must award reasonable attorney fees and court costs related to obtaining and enforcing it. The penalties go to the state. They do not automatically accrue upon expiration of the removal deadline. Refusal or republication also constitutes an unfair or deceptive trade practice.
Sealing or expunging the arrest record
Eligible people may pursue Florida criminal record sealing or expungement. The ordinary court-ordered process begins with an FDLE Certificate of Eligibility, followed by a court petition. Eligibility depends on the applicable statute, criminal history, charge, and disposition; relief is not guaranteed.
Dismissal alone does not automatically erase an arrest record. An order can restrict public access to covered official records, but does not automatically remove copies previously collected by private websites. FDLE explains these limitations in its sealing and expungement FAQs. After an order is entered, confirm its implementation with the appropriate agencies and separately address private publishers.
Removing a mugshot from Google searches
Google considers requests concerning personal content on websites that require payment for removal. Submit the affected URLs and evidence of the demand through Google’s exploitative-content removal process. Search removal does not delete the underlying website content. Once a publisher removes an image, Google’s outdated-content process can help refresh lingering results.
Sheriff websites and news publications
The commercial-mugshot statute is not a universal removal right against every publisher. For an official agency record, evaluate sealing, expungement, applicable confidentiality protections, or correction of inaccurate information. For other publishers, a voluntary request supported by the case disposition may be the practical starting point. Ask for removal, anonymization, or an update explaining the outcome.
How the Law Offices of Jeffrey A. Haynes May Help
The Law Offices of Jeffrey A. Haynes, P.A. represents clients in criminal matters and offers record-sealing and expungement services. A consultation can help assess eligibility for official-record relief and whether a statutory removal demand or other action should be considered. Removing one copy does not guarantee removal from every website or search engine.
Before seeking assistance, gather the page and image URLs, screenshots, payment demands, arrest details, final disposition, and any sealing or expungement order. These materials help identify the publishers and assess available remedies.
To discuss your circumstances, call (941) 954-5333 or use our contact page.
This article provides general information about Florida law and is not legal advice for a particular case.
