If a case is expunged why is the mug shot showing up on the internet afterward? / AVVO / Best Answer / Michael A. Haber, Esq. / **ARRESTED or **MIAMIDUI
Q: If a 1st time dui offense in Florida has been expunged why is the mug shot showing up when a web search is performed? My son did something stupid in college, 7 years latter it's still coming back to bite him. He paid his dues, and is trying to move on, but these sites are making it impossible. His records were expunged by the state back in 2007, so how can this information now be public? I thought expungement would have prevented that from occurring. A quick search of his name on Google has a special link to his name through these sites. What I"d like to know is why is this photo online, or his information appearing after being expunged? While I understand it never really goes away, it shouldn't be that readily accessible as a result of his expungement. I've read many articles about these site, but before thousands are spent I'd like to know has his privacy been violated as a result of this photo?
Answered . It doesn't much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2014 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.
Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you "buy back your information", then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.
For better or for worse your son is probably best advised to take the wind out of the sails by admitting his past issues / indiscretions to your present (or potential) employer, landlord, etcetera, rather than waiting for them to find out on their own.
I hope that this has been helpful and wish you the best of luck!
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality.
Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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