Mugshot Removal | Florida Justice Center (2024)

The requirements to have your mugshot removed from a website is outlined in Florida Statute 901.43.

These are the basic requirements:

  1. The website hosting the mugshot must solicit or accept a fee or other payment for removal of the photograph OR the website's primary purpose is financial gain from the publication of mugshots; and
  2. The person or their legal representative must make a request for the removal of the mugshot;
    1. Written letter requesting removal; and
    2. Proof of identity; and
    3. Sent by United States Postal Service registered mail.

If, 10 days after receipt of the registered letter, the website does not remove the mugshot, they are subject to a civil penalty of up to $1,000 per day in addition to reasonable attorney fees and court costs.

If the website removes the photograph and later publishes it again, then they are subject to a civil penalty of up to $5,000 per day in addition to reasonable attorney fees and court costs.

The statute does not require removal of all information, only the arrest and/or incarceration photograph from the website.

Per Florida Statute 901.43, only websites that have a pecuniary (financial/monetary) gain from the mugshots or solicit or charge for removal of photographs are subject to this law.

This means that websites such as news outlets, government websites, and individual social media posts are generally not required to remove your mugshot.

News websites are generally not subject to the requirements of Florida Statute 901.43 and photographs and/or videos on news reports cannot be removed.

The rights of the news media are protected by the 1st Amendment of the Constitution.

Government websites are generally not subject to the requirements of Florida Statute 901.43 and photographs and/or videos on police, Clerk of Court, and other governmental websites are not able to be removed.

If the individual has their arrest record sealed or expunged, then they will be able to have their mugshot and any reports related to the sealed or expunged record removed from all governmental websites.

This service is free to those making less than 125% of the federal poverty guidelines. There may be government fees and actual costs (such as postage, for example) that must be paid by you.

For a list of common costs and more details about sliding scale fees for those making 125% of the federal poverty guidelines and above, please visit our Sliding Scale Fees page.

Florida Justice Center will not pay any outstanding obligations such as fines, fees, court costs, or restitution.

Mugshot Removal | Florida Justice Center (2024)
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