Can I Remove My Mugshot If My Case Was Dismissed in Florida?

Yes, a dismissed Florida criminal case may give you several ways to address the mugshot and arrest information that remain online. The dismissal does not automatically erase the photograph, however, and it does not cause every website, search engine, court database, or law enforcement record to update itself. That distinction surprises many people.

A person may leave court relieved that the prosecutor dropped the case, only to discover months later that the booking photograph still appears when an employer, customer, landlord, or family member searches the person’s name. The online page may display the original accusation prominently while making no mention of the dismissal. In other situations, the dismissal appears in small text beneath a photograph that continues to dominate the search result.

Florida law provides a procedure for demanding removal from certain commercial mugshot publishers. A dismissed case may also qualify for criminal record expunction, depending on the person’s history and the circumstances of the dismissal. These are separate forms of relief, and one should not be mistaken for the other.

The Ansara Law Firm helps individuals understand what can be removed, which records may remain, and what legal steps may be available after a Florida case is dismissed. Led by Fort Lauderdale criminal defense attorney Richard Ansara, the firm represents clients in Broward County and throughout South Florida.

A Dismissal Ends the Prosecution, Not the Digital Record

A dismissal is an important result. It generally means the criminal prosecution will not continue on the charge that was dismissed. Depending on how the case developed, the dismissal may have occurred because of evidentiary problems, witness issues, legal defects, constitutional violations, successful defense motions, prosecutorial discretion, or another reason.

The dismissal does not change the historical fact that an arrest took place.

When someone is booked into a Florida jail, the arresting agency typically creates records that may include fingerprints, identifying information, alleged charges, a booking number, and an arrest photograph. Some of that information may become publicly accessible before the State Attorney’s Office has made a final filing decision.

Commercial websites can collect the information quickly. News outlets may report it. Other businesses may copy the image from the first site and republish it elsewhere. Search engines then index those pages and associate them with the arrested person’s name.

When the case is dismissed, those private websites do not necessarily receive notice. Even when they learn about the result, they may not revise the page voluntarily.

The result is an obvious imbalance. The accusation may remain easy to find, while the dismissal is invisible or buried.

Florida Law May Require a Commercial Mugshot Website to Remove the Photograph

Florida Statute 901.43 regulates certain persons and businesses that publish or disseminate arrest booking photographs through publicly accessible print or electronic media.

The statute is directed primarily at commercial mugshot publishing. It prohibits a covered publisher from soliciting or accepting a fee or other payment in exchange for removing a booking photograph.

A person whose photograph has been published may send a formal removal request to the publisher’s registered agent. The person’s legal representative may also submit the request.

A dismissed case is not expressly required before this procedure can be used. The statute focuses on the publisher’s business practices, the photograph, and the written demand. Nevertheless, a dismissal can strengthen the practical reason for pursuing removal because the online image may no longer reflect an active prosecution.

What a Statutory Mugshot Request Must Accomplish

The removal procedure under Florida Statute 901.43 is technical enough that sending a website a casual message may not be sufficient.

The written request must be sent by registered mail. It must include enough proof to establish the identity of the person shown in the photograph. It must also provide specific information identifying the particular booking photograph that should be removed.

A lawyer preparing the request may gather and preserve information such as:

1. The exact page where the photograph appears, screenshots of the publication, the person’s full name, the date and location of the arrest, the arresting agency, the booking number, and the charges displayed by the publisher.
2. The publisher’s legal identity, its registered agent, proof of delivery, the date the statutory period began, and evidence showing whether the page remained accessible or was republished.

A removal demand does not need to provide a lengthy defense of the criminal case. In many situations, including too much factual discussion creates unnecessary risk and distracts from the legal requirement to remove the photograph.

The demand should identify the image, establish the requestor’s authority, comply with the delivery requirements, and preserve evidence for possible enforcement.

The Website Usually Has 10 Calendar Days

A covered publisher generally has 10 calendar days after receiving a legally sufficient request to remove the arrest booking photograph without charge.

The distinction between calendar days and business days matters. Saturdays, Sundays, and holidays may be included when calculating the deadline. Proof of the delivery date can therefore become important.

Once the photograph has been removed under the statute, the publisher may not republish or otherwise redisseminate it.

A company cannot comply temporarily, wait for attention to disappear, and then restore the same mugshot without potential consequences.

Can I Make a Website Remove the Mugshot Just Because the Charge Was Dismissed?

Not every website is governed by Florida Statute 901.43.

The law generally targets entities engaged in publishing arrest booking photographs for commercial purposes or financial gain, including publishers that seek payment in connection with removal. Its application depends on what the publisher does, how the publication operates, and whether it falls within the statutory definition.

A dismissed case does not create an unlimited right to erase every reference to the arrest from the internet.

A local newspaper that accurately reported a newsworthy arrest may stand in a different legal position from a website built around collecting and monetizing booking photographs. A sheriff’s office database is different from a commercial mugshot gallery. A search engine preview is different from the webpage hosting the image.

The source must be identified before the available remedy can be determined.

A lawyer may need to distinguish among the original publisher, a copied version of the page, a cached search result, an image-search thumbnail, a social media post, a law enforcement page, and a third-party background-check database. Each may require a separate approach.

What Happens If the Mugshot Publisher Ignores the Request?

Florida Statute 901.43 permits the person shown in the photograph to bring a civil action seeking an injunction if the covered publisher fails to remove the image within 10 calendar days after receiving the written request.

An injunction is a court order requiring the publisher to stop displaying or distributing the photograph.

If the court grants an injunction and the publisher continues to violate it, the court may impose a civil penalty of $1,000 for each day of noncompliance. The court must also award reasonable attorney fees and court costs associated with issuing and enforcing the injunction.

The statute provides a stronger potential consequence when a publisher removes the photograph and later republishes or redisseminates it. Continued noncompliance with an injunction addressing republication can result in a civil penalty of $5,000 per day, along with reasonable attorney fees and costs.

The civil penalties are not criminal sentencing enhancements against the person who was arrested. They are enforcement measures directed at the noncompliant publisher, and recovered penalties are deposited into Florida’s General Revenue Fund.

Failure to remove a covered photograph after a compliant request, or republishing the photograph after receiving that request, may also constitute an unfair or deceptive trade practice under Part II of Chapter 501 of the Florida Statutes.

Whether an injunction, deceptive trade practice claim, or another remedy is appropriate depends on the publisher’s conduct and the available evidence.

Will Expunction Automatically Delete the Mugshot From Google?

Usually not.

Google and other search engines index information hosted elsewhere. An expunction order directed at criminal justice records does not necessarily require every private publisher or search engine to identify and delete historical material automatically.

The practical process often occurs in stages.

First, the source page must be located. Next, the person must determine whether Florida’s commercial mugshot statute applies. If the hosting page is removed, the search engine may eventually update its index. In some cases, a separate request may be appropriate to address an outdated preview or cached version.

Copies can complicate the process. One mugshot may appear on several domains, each controlled by a different company. Removing the original does not necessarily remove every reproduction.

The goal is to find the active sources rather than focusing only on the first search result.

Why the Exact Dismissal Document Matters

People often know that their case was “dismissed” without knowing the precise procedural result.

The court docket may reflect a nolle prosequi, no information, no action, dismissal on motion, dismissal after diversion, dismissal based on immunity, acquittal, or another disposition. Those terms can affect which statute applies and what documents FDLE or the court may require.

A defense lawyer can obtain and review the certified disposition rather than relying on an online summary.

The lawyer may also examine whether every count was dismissed. A case with three charges might have two counts dismissed and one resolved through a plea. That is materially different from a complete dismissal and may affect expunction eligibility.

The same caution applies when multiple arrest dates or case numbers are involved. Clearing one record may not remove another.

The Ansara Law Firm Can Examine the Entire Post-Dismissal Picture

Richard Ansara is a South Florida native and experienced Fort Lauderdale criminal defense attorney. Before defending the accused, he worked in the Fort Lauderdale Prosecutor’s Office and the Broward County State Attorney’s Office.

That background gives him insight into charging decisions, dismissals, record dispositions, and the practical consequences that can remain after a criminal case ends.

The Ansara Law Firm represents people facing a broad range of Florida criminal allegations, from misdemeanor arrests to serious felony prosecutions. The firm’s work is not limited to what happens during trial. A client’s employment, reputation, professional standing, and future opportunities may continue to be affected long after the courtroom matter is resolved.

A post-dismissal review may include determining whether the website is subject to Florida Statute 901.43, documenting every mugshot publication, identifying the publisher’s registered agent, reviewing expunction eligibility, obtaining the necessary case records, and preparing the appropriate demands or petitions.

No attorney can promise to erase every mention of an arrest from every location on the internet. Government records, news archives, foreign websites, copied pages, and legally protected reporting may require different treatment or may remain available.

A focused legal review can still make a substantial difference by identifying the records that can be restricted and the publishers that may be legally required to remove the photograph.

Discuss Your Dismissed Florida Case With a Fort Lauderdale Lawyer

A dismissal is a major victory, but it may not repair the public record on its own. Your mugshot can remain visible even though the State of Florida is no longer prosecuting you.

Florida Statute 901.43 may provide a way to compel certain commercial publishers to remove the photograph without charging you. Florida Statutes 943.0585 and 943.0595 may provide additional avenues for expunction or administrative sealing when the statutory requirements are satisfied.

The Ansara Law Firm can review how your case ended, where the booking photograph appears, and whether you qualify for one or more forms of relief. Attorney Richard Ansara serves clients from the firm’s Fort Lauderdale office and represents individuals throughout Broward County and South Florida.

Contact The Ansara Law Firm for a free consultation about removing a Florida mugshot, expunging a dismissed case, or addressing arrest information that continues to affect your reputation.