QUESTION

How can I have local newspaper remove the record of my arrest on their website?

Asked on Jan 03rd, 2014 on Personal Injury - Idaho
More details to this question:
In 2010, I was arrested, and subsequently, a record of my arrest appeared in the local newspaper. In 2012, I contacted the newspaper, asking for their public record removal policy, when the publisher informed me that arrest notifications typically only remain in the paper's online version for two weeks. Based on this information, I kindly asked that my arrest record be removed. However, the publisher/owner of this small town paper has refused to delete the record, even after the conviction has been expunged. I am simply trying to clean up my online image, and this public record of my arrest has harmed me beyond belief. I fully understand the constitutional rights of the press, but this wantonly abusive behavior goes beyond the bounds of privilege and is unconscionable and malicious, particularly since other profiles which appeared in 2010 have been removed automatically. And, the publisher admitted that profiles should not remain longer than two weeks. It's interesting to know what the newspaper owner's motivation is for keeping my arrest record online. What type of redress do I have under state and/or federal law?
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4 ANSWERS

You need to contact the editor again and diplomatically find out why he has not followed his stated policy of deleting the arrest record,especially since the charges were dropped [convictions are expunged, not arrests]. point out to him the harm it has caused you. I am not a libel expert but I think you do not have a legal case. Sorry. You were arrested and that is all the newspaper reported apparently. They had the right to report the arrest; the dismissal of the charges is a separate event. Charges can and are dismissed for reasons other than the DA feeling the party is innocent.
Answered on Jan 07th, 2014 at 8:13 PM

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Ronald A. Steinberg
I am not sure if your expungement in the criminal court forces the paper to retract the article. Expungement is different from a finding of innocent.
Answered on Jan 07th, 2014 at 8:12 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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The key phrase here is that "the conviction has been expunged". You should hire a lawyer in your area to demand that the paper correct its report.
Answered on Jan 07th, 2014 at 8:11 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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As far as I know, none. The arrest happened. That is not a lie. The newspaper owns the website. They can print the truth.
Answered on Jan 07th, 2014 at 8:10 PM

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