In today's digital age, an arrest can have lasting consequences beyond the courtroom. One of the most frustrating issues for many individuals is the persistence of their mugshot—or arrest booking photograph—on commercial websites long after the case has been resolved. These images, often accompanied by your name, arrest date, and birth date, can damage your reputation, job prospects, and personal life. Fortunately, Georgia law provides a clear path for removal in certain situations. As a seasoned DUI attorney in Smyrna, I've helped countless clients navigate this process, especially in DUI cases where charges are dismissed or reduced. In this post, I'll break down O.C.G.A. § 10-1-393.5, the key statute governing mugshot removals, and how you can take action.

What Is O.C.G.A. § 10-1-393.5?

O.C.G.A. § 10-1-393.5 is part of Georgia's Fair Business Practices Act, which prohibits unfair or deceptive practices in commerce. Specifically, subsection (b.1) addresses the removal of arrest booking photographs from publicly available commercial websites. This law requires websites that publish mugshots for commercial purposes (like ad revenue or pay-for-removal schemes) to remove them at no charge if you meet one of eight qualifying circumstances. The goal is to protect individuals whose cases didn't result in a conviction or were otherwise resolved favorably, preventing exploitation by these sites.

If a website fails to comply within 30 days of your request or tries to charge you for removal, it's considered a violation of the Fair Business Practices Act. You can then file a complaint with the Georgia Attorney General's Consumer Protection Division for enforcement.

Do You Qualify for Mugshot Removal?

Under the law, you can request removal if you're a "subject individual" whose photograph was taken during an arrest in Georgia and one of the following applies:

1. Access to your case or charges was restricted under Code Sections 3-3-23.1, 15-1-20, 16-13-2, 35-3-37, or 42-8-62.1 (e.g., expungement or record restriction).
2. Before any indictment or accusation, your case wasn't referred for prosecution by the arresting agency, and the offense was closed.
3. Before indictment or accusation, the statute of limitations expired.
4. Before indictment or accusation, your case was referred to the prosecutor but later dismissed.
5. Before indictment or accusation, the grand jury returned two "no bills" (refusing to indict).
6. After indictment or accusation, all charges were dismissed or nolle prossed (prosecutor drops the case).
7. After indictment or accusation, you pleaded guilty to or were found guilty of possession of certain drugs (narcotic, marijuana, stimulant, depressant, or hallucinogenic) under Code Section 16-13-2, completed probation successfully.
8. You were acquitted of all charges by a judge or jury.

These criteria cover a wide range of outcomes, particularly in DUI arrests where evidence issues, plea deals, or dismissals are common. For example, if your DUI charge was dismissed due to lack of probable cause, but a minor infraction like an open container violation remained (which isn't a jailable offense and often results in just a fine), you may still qualify under circumstance #6, as all substantive criminal charges were dropped.

Steps to Request Mugshot Removal

If you believe you qualify, follow these steps to request removal:

1. Gather Your Information: Collect your full name, date of birth, date of arrest, and the name of the arresting law enforcement agency. You'll also need proof of your qualifying circumstance, such as a court disposition document showing dismissal or acquittal.
2. Identify the Website: Note the site's registered agent, principal place of business, or primary residence (often found in their terms of service or via a WHOIS lookup).
3. Send a Written Request: Draft a letter including the required details and send it via certified mail with return receipt requested or statutory overnight delivery. Clearly state that you're requesting removal under O.C.G.A. § 10-1-393.5 and reference your qualifying circumstance.
4. Wait 30 Days: The website must remove the mugshot within 30 days of receiving your request, without charging you.
5. Follow Up if Needed: If they deny or ignore your request, document everything. Some sites may claim a "conviction" disqualifies you, but non-criminal infractions (like certain traffic violations) don't count as convictions under this law.

Pro Tip: Keep copies of all correspondence. If the site operates online and publishes for commerce, they're considered "transacting business in this state," making them subject to Georgia law.

What If the Website Refuses?

Non-compliance is unlawful. You can:

• File a complaint with the Georgia Attorney General's Consumer Protection Division (online or by phone at 404-651-8600).
• Consider legal action for damages under the Fair Business Practices Act.

In my experience, many websites back down once they receive a formal demand from an attorney, especially if the case involves a DUI dismissal.

Why This Matters for DUI Cases in Smyrna and Beyond

DUI arrests in Georgia often end without a conviction—through dismissals, reductions to reckless driving, or acquittals after trial. However, the mugshot lingers online, creating a "scarlet letter" effect. I've seen clients lose job opportunities or face social stigma because of these persistent images. By leveraging O.C.G.A. § 10-1-393.5, we can often get them removed quickly and at no cost. If your DUI case was resolved favorably, don't let a website profit from your past—take control of your online presence.

If you're dealing with a DUI charge in Smyrna or the surrounding areas and need help getting charges dismissed or restricted (which can qualify you for mugshot removal), contact me today for a free consultation. At George Creal Law, we're committed to protecting your rights and reputation.

Disclaimer: This post is for informational purposes only and not legal advice. Consult an attorney for personalized guidance.

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