DUII Mugshot Websites and HB 3467

Many of my DUII clients have been victimized by the “mugshot” websites or “Busted”-type magazines. Those entities prey on human frailty. Their customers are, in a documented sense, dealing with truly low self-esteem.

On one hand, who cares about the troglodytes who would buy (!) Busted or check out those websites? On the other hand, many employers “Google” someone before offering them a job?

House Bill 3467 became law January 1, 2014, and requires website operators to remove mugshots within 30 days of being provided written proof of dismissal or acquittal of the charges. The problem is that (a) the law doesn’t appear to apply to “Busted”-type magazines at all, and (b) you have to wait until your charge has wound it’s way through the system to a dismissal or “Not Guilty” verdict. For people in DUII Diversion, dismissal is over a year from the date of entry.

In the meantime, what can you do? Many clients choose to pay the website operators’ fees for removal (which to me smacks of extortion, but I understand some folks really, really, want the mugshots down now). Others own it — “Yes I got a DUII. I’m in Diversion now, and I’ve learned a lot.” (And if you’re feeling snarky, you can add, “It was humiliating. Why would you bring it up?”). For prospective employers, you should be ready to address the DUII arrest head-on in any event (and avoid the snark). For social contexts, maybe this is a way to find out who your true friends are. That is, they’re the type who won’t kick you when you’re down after discovering you got a DUII.