Legal Question in Criminal Law in Florida

I could not find the type of law I need but i figure someone here can help. Im desperate. In 2008 my wife was arrested for Battery/DomV against me. Someone had heard an arguement and the police were called. They came and tried to get my wife to say I had hit her. She stated that I would never do such a thing and if anything were to happen she'd probably slap me first. Not the best thing to say but they arrested her. I told them in my report she did not lay a hand on me and she didn't. I had no marks or anything. We went before the Judge with our attorney and the Judge dropped all charges basically saying it was dumb and a waste of the court's time.

Now 3 years after the fact, my wife has set up a photography website and is receiving requests as a photographer. While the website has been under development I have checked google often to see if it shows up. What does show up as of 3 days ago is apparently a new website that is called arrests.org and it posts her mugshot, info of charges on it along with a disgusting section where you can rate the individual as hot,WTF, tattooed, beaten and so forth. I know that her record was public and the site does have a disclaimer that it is not to be used as a basis for criminal record because it is unknown if the person was convicted or not. The peoblem is that this site comes up with her name right under her new website and facebook page link, making any potential customers most likely go somewhere else. Is this legal? Could it be deemed as slander, defomation of character, or libel? Please some one help. I am currently deployed overseas and am trying to help my wife with this mateer from here. It's killing me thanks for any help


Asked on 4/13/11, 6:45 pm

1 Answer from Attorneys

Karen Kilpatrick http://www.ExpungeRecordFlorida.com

Hi,

If the charges were dropped, your first step should be to get the charges expunged. After that, you can send a copy of the expungement order to that website and request removal. I just had 3 clients with the same issue with the same website. All three records were removed after I sent them a demand letter. Please feel free to contact me directly at

www.expungerecordflorida.com

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Answered on 4/13/11, 7:15 pm


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