Sacramento, CA asked in Criminal Law and Libel & Slander for Colorado

Q: can mugshots.com be forced to take my info off their site.

I was arrested in CO several years ago and case was completely dismissed/record sealed. A google search of my name turned up my info on this mugshots.com site. I sent in inquiry to the site asking for removal as I was never convicted or even tried (case was thrown out). they offered to remove for $300. I didn't take that bait. Recently read CO has laws against such behavior from sites like these. Wondering, I don't live in CO now, but as I did and the record mugshots.com is parading online is a CO record, am I able to legally compel them to take it down? If so, how should I go about beginning that process. Thank you

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1 Lawyer Answer

Tristan Kenyon Schultz

Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: I am not familiar with the law you are referring to (it may exist, I just may not have heard about it), but there is likely a jurisdictional problem with Colorado having power over you and potentially the website (as you noted). I cannot check the statute to see if Colorado can assert protection over a non-resident (i.e. you), but there is a possibility. If you want to pursue the matter, you will likely need to contact a lawyer. As an aside, you are correct to not pay the removal fee (this fee may itself be a criminal act because it looks an awful lot like extortion...).

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