Law Offices of Tim Powers, Denton, Texas
Often there are websites that are not regulated by most states because of their U.S. Constitutional rights of free speech. These websites obtain mugshots at the time of the arrest and post them.
The problem with these websites is the fact that they cannot be regulated. So if a person gets arrested and it later becomes expunged, the website is still not obligated to take down the picture; although, it would be the professional thing to do. Most websites have removal criteria that a person should meet in order to take it down. Such policies are:
- if the arrested individual was a minor at the time of the arrest,
- if the arrested individual is now deceased,
- and if the arrested individual is from a certain state that have taken action to remove the picture.
Other than these policies, there is not much legal action that can be done.
Texas has no action available through the court. The best way to take action is to lobby your state legislature or senator to get a bill before the Texas House to find a way to regulate these websites.
Although freedom of speech is a powerful thing, I also believe it should be regulated when dealing with situations like this one. What do you think?
If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, Tarrant County, Collin County, or Dallas County criminal case