Legal Question in Criminal Law in Texas
Friend was arrested for Public Intoxication. No ticket was issued. Spent the night in jail. He went to court and the case was dismissed with no fines. The arrest was successfully expunged. However, shortly after the arrest, due to the Open Records laws, the Dallas Police released his full name as being arrested for Public Intoxication. For embarrasment, his name was added to several hundred other names on a web site maintained by a group of people trying to shut down bars in a particular area of town. If my friend "Googles" his name (Last, First Middle), then boom, there it appears as the second search entry, linking to this vigilante website. So here is the question: Does he have any legal rights to get his name taken off that list, maintained by a private party? The private party was not named as a respondent on the expunction, because it was not known at the time. Thanks.
1 Answer from Attorneys
He needs to send a copy of the expunction order to the website owner and demand his name to be taken off.
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