TO FOLLOW UP ON THE STATUS OF YOUR REMOVAL, PLEASE CONTACT:
TheGeorgiaGazette.com intends to fully comply with GA Code § 35-1-19 (2018)
According to the Georgia Department of Law Consumer Protection Division:
On May 6, 2013, new Georgia legislation went into effect which requires that, if an individual meets certain criteria, the commercial website must remove his or her mugshot from the website at no charge and must do so within thirty (30) days of the date the individual sends a written request to the company.
Below are the categories which qualify an individual for free removal of his or her photograph:
1. Access to his or her case or charges was restricted pursuant to Code Section 35-3-37.
2. Prior to indictment, accusation, or other charging instrument, his or her case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and the offense against such individual was closed by the arresting law enforcement agency.
3. Prior to indictment, accusation, or other charging instrument, the statute of limitations expired.
4. Prior to indictment, accusation, or other charging instrument, his or her case was referred to the prosecuting attorney but was later dismissed.
5. Prior to indictment, accusation, or other charging instrument, the grand jury returned two no bills.
6. After indictment or accusation, all charges were dismissed or nolle prossed.
7. After indictment or accusation, the individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation; or
8. The individual was acquitted of all of the charges by a judge or jury.
To request the removal of the photograph, the individual must send written correspondence, including his or her name, date of birth, date of arrest and the name of the arresting law enforcement agency. The request must be sent via certified mail, return receipt requested or statutory overnight delivery to the registered agent, principal place of business or the primary residence of the person who publishes the web site.
If a company fails to remove the individual’s arrest booking photograph within 30 days, it is in violation of Georgia’s Fair Business Practices Act. To submit a complaint against a company who is in violation of this law, contact the Georgia Department of Law’s Consumer Protection Division.
If you qualify for removal based upon the above criteria, please send a written request, including the following:
Date of birth
Date of arrest
Name of the arresting law enforcement agency
Proof that your photograph qualifies for removal
Your email address (so we can send confirmation of removal)
to the following address:
The Georgia Gazette
P.O. Box #2325
Richmond Hill, GA 31324
Per Georgia law, this request must be sent via certified mail. Please do not send any private information (SSN, driver’s license photos, etc)!
PLEASE NOTE: WE WILL NEVER ASK FOR ANY FORM OF COMPENSATION
We also accept removal requests via our email: [email protected]. Please be sure to attach proof that your charges were dropped, dismissed, or otherwise restricted from public disclosure (see above).
Disclaimer: Our email option is for convenience only. We can’t be held liable for issues that arise through technical difficulties or human error. Georgia law states the removal request must be sent to the above address via certified mail, return receipt requested or statutory overnight delivery. By using the email removal option, you understand that no complaints can be filed for non-removal, although we will work diligently to complete all requests within 30 days of receipt. Numerous follow-up emails may only further delay the removal.