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(ABC)   Win/Win: Businesses that publish police mug shots are proliferating online, shaming those with DUI charges or other arrests into spend hundreds of dollars to have their information removed from the sites   (abcnews.go.com) divider line 21
    More: Obvious, mug shots, Megan's Law  
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5088 clicks; posted to Main » on 23 Apr 2012 at 1:58 PM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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Archived thread
2012-04-23 02:15:09 PM
4 votes:
people treating other people terribly is as American as apple pie. we must be the most counter-productive country in the world. people die trying to get here, soldiers die thinking they are fighting for our freedoms. and this is the shiat we do.
2012-04-23 02:44:40 PM
3 votes:
Arrest records are public documents. This is not a bad thing because whenever the police arrest someone without a warrant, they must file a sworn statement (under penalty of perjury) that explains their probable cause for arrest. The sworn statement is reviewed by a judge and the person is released if the judge does not agree. Now in reality the officer will probably have a chance to, ahem, "update" a flawed document and the judge is really a "magisgtrate" but still.... the process does protect the rights of the accused better when the decisions of both the police and judge are available for public scrutiny.

The real shame is that even if the charges are dismissed, the record of the arrest will remain in the database of the state police. The state police sell these records to information brokers like Choice Point and others that provide background check servies. The state police also report the arrests to the FBI. In many states you can file an "expunction" lawsuit to have the arrest records destroyed. Basically you sue the state police and ask a judge to order them to destroy the records. In some states an expunction also applies to the information brokers but only if they are listed in the expunction suit. Of course you don't know who has your records so you have to serve notice to all the big ones which will cost you another several hundred dollars on top of the cost of filing the expunction suit and paying the lawyer to do it.

All told, removing the records of a mistaken identity arrest could cost your $1500 before you even get to paying off these "Busted" websites.
2012-04-23 02:05:01 PM
3 votes:

moops: Play stupid games, win stupid prizes.

Don't want your mugshot published online?

[ls1tech.com image 433x348]


You do realize that arrest != conviction?
2012-04-23 12:50:34 PM
3 votes:
um speaking as a 2 time DUI offender, you don't need your mugshot on a website to be shamed... try riding a bike to work in the rain. Or the thrill you get when you tell the girl you just met that you don't drive. yeah, you can have my mugshot.

/don't drink and drive people! EVER!
ZAZ [TotalFark]
2012-04-23 12:45:05 PM
3 votes:
In some states the crime of extortion includes threats to accuse somebody of a crime in order to obtain money. Truth is not a defense to extortion.
2012-04-23 03:11:23 PM
2 votes:

CrispFlows: How is it that these companies don't violate:
1) excessive fines/punishment
2) cruel or unusual punishment
3) presumption of guilt before innocence
4) extortion


1) restrictions against excessive punishment are levied against governments, not corporations
2) see #1
3) the sites don't report that you have been convicted, merely arrested, so it doesn't apply
4) this is the only one that may have merit, but you could argue that the cat was already out of the bag as soon as your arrest record was made public


IMHO, I do believe that an arrest record should be expunged from public records if it does not result in a conviction. Private databases of arrest records that use public databases as their source should be required to honor expunge requests as a condition to access said databases.


/wonders what this would be like in the UK where arresting people without probable cause is commonplace
2012-04-23 02:02:06 PM
2 votes:
Yes. Just an arrest will show up. No conviction necessary.
Do we really need or want this sort of thing as a society?
2012-04-23 03:47:49 PM
1 votes:

Mugato: Having avoiding it myself in my more stupid days, I know a few people who can't get jobs because of their DUI. I don't know anyone with a last name "Bush".


I've heard that too, but I'm not sure I've ever met more than a handful of people that have never driven drunk at some point in their lives. I've gotten 2 9-5 jobs (2nd is current) since my 2nd dui...8 (maybe 10?) years ago. Haven't even thought about it holding me back. Because, like I said, damn near everyone has done it. They just haven't gotten caught.
2012-04-23 03:05:43 PM
1 votes:
img842.imageshack.us
2012-04-23 02:56:05 PM
1 votes:

ialdabaoth: Actually, no. I got turned away from a mental health clinic for not having insurance.

Hopefully this will keep up for a few more days, and I'll off myself and save you all the trouble of having to put up with my shiat.


So you came to Fark because it's the second best place to a mental hospital you could think of? I know there are lots of loonies around here, but I'm not sure the treatment helps that much.
2012-04-23 02:40:34 PM
1 votes:

Headso: ROBOTwHUM4NHAIR: Plus if it's your 1st u can find an attorney that can get it made into a reckless op quite easily, everyone i know that has gotten a DUI got it reduced first time

Everyone that you know that has a DUI arrest has their mugshot online regardless of if they took a plea or not or were even found innocent.


what state do you live in? The days of the old huck a buck 1st time is free for dui ended long ago here in Pa
2012-04-23 02:28:59 PM
1 votes:

KrispyKritter: people treating other people terribly is as American as apple pie. we must be the most counter-productive country in the world. people die trying to get here, soldiers die thinking they are fighting for our freedoms. and this is the shiat we do.


you hit the nail on the head. The reason our countryman will never be as happy as he in Norway is simple. We here in America hate eachother.
2012-04-23 02:24:00 PM
1 votes:

scandalrag: arrest records are public documents


Yeah this would have to change and in the age of the internet is what is a problem IMO. There are also calls to change the public-ness of divorce records and some places have them so they are not electronically available. I think that would basically fix the problem here, only if you are convicted should they be allowed online.
2012-04-23 02:23:31 PM
1 votes:

Headso: moops: Play stupid games, win stupid prizes.

Don't want your mugshot published online?

Yeah, if the police arrest you you've broken the law for sure, amirite?

lucky for us the police are infallible and we don't have daily fark threads about police misconduct.


No one cares.
2012-04-23 02:22:53 PM
1 votes:

CthulhuCalling: moops: Play stupid games, win stupid prizes.

Don't want your mugshot published online?

[ls1tech.com image 433x348]

You do realize that arrest != conviction?


No one cares.
2012-04-23 02:11:20 PM
1 votes:
Thank god everything I did was before my local paper was on the internet
2012-04-23 02:10:11 PM
1 votes:

Cagey B: So it's a good thing that someone can essentially blackmail anyone who's been merely arrested and not necessarily convicted of a crime?


It's for the children. And to stop terrorists
2012-04-23 02:09:53 PM
1 votes:
I've never been arrested before, but I think this is pretty sleazy. You shouldn't have to pay to have your photo and information removed.
2012-04-23 02:06:20 PM
1 votes:

CthulhuCalling: You do realize that arrest != conviction?


Arresting booking information is a public document. Public domain. There's nothing you can do about it.
2012-04-23 02:05:37 PM
1 votes:
How is this not blackmail or extortion...?
2012-04-23 02:03:02 PM
1 votes:
If only there was some website where every Friday we could point and laugh at the funny looking people who had mugshots taken during the week.
 
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