## How to Send a Request to Commercial Publishers To initiate the removal process under Florida law, you must send a formal, written request to the registered agent or owner of the website hosting the image. Your written request should include the following details: * Your full name and date of birth. * The date of the arrest. * The specific URL (web address) where the mugshot is published. * A clear statement requesting the immediate removal of the photograph pursuant to Section 901.43, Florida Statutes. It is highly recommended to send this request via certified mail with a return receipt requested. This provides legal proof of delivery and establishes the exact date the website operator received your notice. Once received, the website operator has 10 calendar days to remove the photograph.
## What to Do If a Website Refuses to Comply If a commercial publisher fails to remove your booking photograph within 10 days of receiving your written request, they are in violation of Florida law. Under the statute, non-compliance can result in: * A civil injunction ordering the website to remove the photograph. * Civil penalties, which may include a fine of $1,000 per day for each day the photograph remains online after the 10-day deadline. * Liability for reasonable attorney fees and court costs incurred to enforce the law. If a website ignores your request, you may want to consult with a licensed attorney in Florida to file a civil action or report the business to the Florida Attorney General’s Office.
## Removing Mugshots from Official Volusia County Records It is important to distinguish commercial websites from official government databases. Florida Statute Section 901.43 does not apply to official government agencies, such as the Volusia County Sheriff’s Office or the Volusia County Clerk of the Circuit Court. These agencies are legally required to maintain public records under Florida’s broad public records laws (Chapter 119, Florida Statutes). To remove a mugshot and criminal history record from official Volusia County public access, you must go through the legal process of sealing or expunging your record. ### The Sealing and Expungement Process
Sealing or expunging a record in Volusia County requires meeting specific eligibility criteria established by the Florida Department of Law Enforcement (FDLE). The general steps include: 1. **Determine Eligibility:** Generally, you may be eligible if you have no prior criminal convictions (adjudications of guilt) and have not previously sealed or expunged another record in Florida. 2. **Apply for a Certificate of Eligibility:** You must submit an application, fingerprints, a certified copy of the disposition of your case, and the required processing fee to the FDLE. 3. **File a Petition with the Volusia County Court:** Once you receive the Certificate of Eligibility from the FDLE, you or your attorney must file a petition to seal or expunge the record in the Volusia County court where your case was handled. 4. **Obtain a Court Order:** If the judge signs the order to seal or expunge, the Volusia County Clerk of Court and the Volusia County Sheriff’s Office will be legally required to remove the record and booking photograph from public view. ## How to Verify Accuracy and Removal After the 10-day period for commercial sites, or after receiving a court order for official records, you should verify that the mugshot has been removed. Search for your name on major search engines and check the specific website URLs.
Keep in mind that even after a website removes the image, it may take time for search engines to update their indexes and remove the cached version of the page from search results. If the image still appears in search results after the website has removed it, you can submit a request directly to the search engine to update its search index.
