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Will a Demand Letter Really Work

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  • 07-07-2013, 03:06 PM
    martionman
    Will a Demand Letter Really Work
    My question involves defamation in the state of: Idaho
    I am going to try to not give too much information here. When I was a teenager, I was convicted of a crime. Since then, my record has been expunged. There is a website that has my information on it and they are claiming the Freedom of Information Act as their defense for keeping it up there. They are saying that it is legal for them to keep the information up on their website because it is a representation of the exact record that was available to the public before I had my background expunged. I had sent them a request to remove my information based on my expungment and they refused because they had legally obtained my information while it was public record. Since it is no longer public record and they are considered a 3rd party, do they have to remove my information if I have a lawyer send them a demand letter for removal or can they get away with keeping it up there?
  • 07-07-2013, 04:42 PM
    DaveM
    Re: Will a Demand Letter Really Work
    You can have a lawyer write a demand letter but they can just ignore it. They are doing nothing wrong by posting your criminal record. Didn't the lawyer you used for your expungment explain this to you?
  • 07-07-2013, 05:27 PM
    Lehk
    Re: Will a Demand Letter Really Work
    You won't be the first person to threaten the site with legal action, you might even have the honor of having your demand letter posted right there with the arrest and conviction records along with some mocking commentary.
  • 07-07-2013, 08:17 PM
    martionman
    Re: Will a Demand Letter Really Work
    No the public defender didnt explain it to me. Dont those kind of sites have to update their systems every few months and remove expunged records?
  • 07-07-2013, 10:10 PM
    Mr. Knowitall
    Re: Will a Demand Letter Really Work
    Nope.

    A few states require companies to remove expunged records if they obtain their criminal records information directly from the state. If the information comes from a state that has no such requirement, or if the information is obtained from a third party, those restrictions don't apply.

    You say "when I was a teenager" - are we talking adult court or juvenile court?
  • 07-07-2013, 10:14 PM
    Lehk
    Re: Will a Demand Letter Really Work
    they have almost no obligations at all unless they are a FCRA compliant site and advertise themselves for employment or rental background checks. The first amendment protects their right to free speech.
  • 07-07-2013, 10:29 PM
    martionman
    Re: Will a Demand Letter Really Work
    It was my juvenile record.
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