The Texas mugshot removal law plays a crucial role in protecting individuals from the lasting impacts of having their arrest records and mugshots displayed online. This guide provides an in-depth look at how you can navigate this law to remove unwanted content and safeguard your online reputation.
Table Of Content
The Basics of Texas Mugshot Removal Law
Under the Texas Business and Commerce Code Section 109, websites that publish criminal record information are prohibited from charging a fee to remove such content upon request. This legislation aims to prevent exploitation by third-party websites that profit from individuals seeking to clear their names online (Texas Legislature Online). Learn more about Mugshot Websites.
Key Provisions
- No Fees for Removal: Websites cannot solicit or accept payment for removing criminal record information.
- Timely Compliance: Upon receiving a removal request, websites have 45 days to comply.
- Legal Recourse: Failure to remove the content can result in civil penalties and legal action.
Steps to Remove Your Mugshot in Texas
1. Identify All Instances of Your Mugshot Online
Conduct a comprehensive search of your name to find all websites displaying your mugshot or arrest records. Find out How to Find Mugshots for Free.
2. Prepare a Formal Removal Request
Draft a letter citing Texas Business and Commerce Code § 109. Include your full name, date of birth, the specific URLs where the content appears, and a clear statement requesting removal under the law.
3. Send the Request via Certified Mail
Mail your request to the website’s registered agent or legal contact using certified mail to ensure there is a record of your correspondence.
4. Monitor Compliance
Allow 45 days for the website to remove the content. If they fail to comply, you may pursue legal action with the assistance of a qualified attorney.
Understanding Expunction and Non-Disclosure Orders
In addition to the mugshot removal law, Texas offers legal remedies like expunction and orders of non-disclosure to help clear your criminal record.
Expunction
An expunction completely erases the criminal record, allowing you to deny the occurrence of the arrest legally. Eligibility typically includes cases where charges were dismissed or you were acquitted (Texas Code of Criminal Procedure, Art. 55.01).
Order of Non-Disclosure
This court order seals your criminal record from public view but allows law enforcement access. It’s often available to first-time offenders who have successfully completed deferred adjudication (Texas Government Code § 411.0725).
Related: How to Remove Arrest Record and Mugshot from the Internet for Free
Exceptions to the Texas Mugshot Removal Law
While the Texas mugshot removal law provides a robust framework for protecting individuals from exploitative practices, there are several notable exceptions where this law does not apply.
1. Government Websites and Public Databases
The Texas mugshot removal law does not apply to government websites or public records databases. This includes county sheriff’s offices, court records, or state-operated criminal justice databases. These entities are bound by transparency laws and public records policies, making it difficult to remove information unless you are eligible for expunction or an order of non-disclosure. To remove your mugshot from these platforms, you would need to go through the legal process of sealing or erasing your records through the courts.
2. News Organizations
Another key exception is news organizations that post mugshots or arrest records as part of legitimate news reporting. These organizations are protected under the First Amendment, allowing them to publish information that is in the public interest. News outlets are not required to remove mugshots, even if they are damaging to an individual’s reputation. However, you may be able to negotiate with the publication or file for legal recourse if you believe the information is outdated or incorrect. Learn about our solutions to Remove News Articles from Google.
3. Websites Outside of Texas Jurisdiction
Websites hosted outside of Texas may not be subject to Texas Business and Commerce Code § 109. If the website is based in another state or country, it might not be legally obligated to comply with Texas-specific laws. In these cases, international or federal laws would dictate the procedure for mugshot removal, which could complicate the process. You may need to consult with legal experts who specialize in cross-border internet privacy and defamation issues.
4. Websites That Do Not Charge for Removal
The Texas mugshot removal law targets websites that charge a fee for removing mugshots. If a website displays mugshots but does not solicit payments for removal, it may not fall under the scope of this law. This means that while you can still request the removal of your mugshot, the website is not legally obligated to comply unless they ask for a fee in exchange for the removal.
Related: Debunking Misconceptions About Free Mugshot Removal
The Role of Professional Removal Services
While the law empowers you to act independently, navigating the process can be complex. You may want to consider hiring a professional reputation management service like Defamation Defenders that can expedite the removal of online mugshots and other unwanted content. Our expertise ensures compliance with all legal requirements, saving you time and effort.
Protecting Your Online Reputation Moving Forward
- Regular Monitoring: Keep track of your online presence to address any new content promptly.
- Legal Consultation: Stay informed about your rights under Texas law by consulting legal professionals.
- Reputation Management Strategies: Utilize SEO and positive content to bury negative search results. Find out more about How to Bury Negative Search Results.
Texas Mugshot Removal Law: Detailed FAQ
The Texas mugshot removal law, governed by Texas Business and Commerce Code § 109, prohibits websites from charging individuals to remove their mugshots and criminal record information. It requires these sites to comply with removal requests within 45 days after receiving a written request. Websites that fail to comply may face legal action and financial penalties.
To remove your mugshot, you must:
1. Identify websites displaying your mugshot.
2. Draft a formal removal request citing Texas Business and Commerce Code § 109.
3. Send your request to the website’s legal contact via certified mail.
4. Wait for 45 days for the website to remove your information.
If the website fails to comply, you can seek legal action to enforce the removal.
No, the law only applies to commercial websites that display mugshots or arrest information for profit and charge fees for removal. It does not apply to government databases, news organizations, or websites located outside of Texas jurisdiction.
A website cannot legally refuse to remove your mugshot if you submit a removal request in compliance with Texas Business and Commerce Code § 109. If a website does not comply with your request within 45 days, you may take legal action to enforce removal and seek financial compensation for non-compliance.
Websites are required to remove your mugshot and associated arrest information within 45 days after receiving your removal request. If they fail to do so, you may escalate the matter through legal channels.
No, the Texas mugshot removal law does not apply to government websites. Mugshots hosted on official government sites such as county sheriff’s offices or court databases are typically part of public records and may only be removed through legal processes such as expunction or non-disclosure orders.
Expunction: This legal process completely erases your criminal record, making it as if the arrest never happened. You may be eligible for expunction if your case was dismissed, you were acquitted, or you received a pardon.
Order of Non-Disclosure: This process seals your criminal records from the general public but still allows law enforcement agencies to access them. You may qualify for an order of non-disclosure if you completed deferred adjudication successfully.
Both processes can help you remove your mugshot from online databases, including government and private websites.
If a website does not remove your mugshot within the 45-day window, you may file a lawsuit for non-compliance. Under Texas Business and Commerce Code § 109, you can seek financial damages and legal remedies to compel the website to remove your information.
Yes, mugshot removal services are legal in Texas as long as they comply with state laws. Professional services, like those offered by Defamation Defenders, specialize in navigating the complexities of the removal process and ensuring your mugshot is deleted in compliance with the Texas mugshot removal law.
Yes, under Texas Business and Commerce Code § 109, you can sue for damages if a website refuses to remove your mugshot after receiving a valid removal request. Legal action can result in monetary compensation, and the website may be required to cover your legal fees.
The Texas mugshot removal law regulates the current removal of mugshots but does not specifically prevent future postings of mugshots. However, securing an expunction or order of non-disclosure can ensure that your criminal records remain sealed, preventing future posting of your mugshot on commercial websites.
Yes, hiring an attorney familiar with Texas defamation and privacy laws can help expedite the mugshot removal process. They can also assist with filing lawsuits in cases where websites fail to comply with removal requests. Defamation Defenders offers professional services that may streamline the process without the need for an attorney.
Under Texas Business and Commerce Code § 109, you have the right to request that any website publishing your mugshot remove it within 45 days without paying any fees. If the website refuses, you can pursue legal action to enforce your rights and seek damages.
External Resources
- Texas Legislature Online: Access the full text of the Texas Business and Commerce Code https://statutes.capitol.texas.gov/
- Texas Department of Public Safety: Information on expunction and non-disclosure https://www.dps.texas.gov/
Works Cited
- Texas Business and Commerce Code § 109. Removal of Criminal Record Information. Texas Legislature Online, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.109.htm.
- Texas Code of Criminal Procedure, Art. 55.01. Right to Expunction. Texas Legislature Online, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.55.htm.
- Texas Government Code § 411.0725. Order of Nondisclosure. Texas Legislature Online, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm.
