Bill targets ‘legalized extortion’ from websites

A bill aimed at stopping “mugshot websites” from charging money to remove mugshots headed to Kasich’s desk.

A bill aimed at stopping “mugshot websites” from charging money to remove mugshots and (sometimes inaccurate) criminal records is headed to Gov. John Kasich’s desk.

The bill would make it illegal for these papers and sites to solicit or accept payment for removing, correcting, modifying or refraining from publishing criminal record information. Anyone doing so would face a first-degree misdemeanor charge.

Additionally, victims who sue for a violation may be awarded $10,000 or actual and punitive damages, whichever is greater, said Rep. John E. Barnes Jr., who introduced the bill. Victims would also be awarded “reasonable” attorney’s fees, court costs and any other remedies provided by law.

“The purpose of our criminal justice system is to achieve justice first and foremost,” Barnes, DCleveland, said. “It is an injustice to have a process, where individuals are receiving money and charging fees at the expense of achieving justice, and at the same time ruining the reputation of individuals who are otherwise innocent.”

Stephen JohnsonGrove of the Ohio Justice & Policy Center called it a “legalized extortion.”

“Their business model is to republish mugshots they have automatically scraped from local sheriffs websites, using exaggerated, salacious and sometimes outright false headlines to label the people in the pictures,” JohnsonGrove said. “They may list the original charges someone was accused of. And never bother to update that information if the charges are dismissed or lowered.”

They then charge hundreds of dollars to have them removed, he said.

Cleveland Clerk of Courts Earle B. Turner said he fully endorses greater protections for people who suffer the consequences of inaccurate information spread on the Internet.

“Because of open records laws, the city law department has determined we cannot deny private companies access to our criminal database,” Turner said. “So we are in a position of passing on to companies hundreds of thousands of criminal records. Those records reflect the status of cases on a specific date.”

Cases status can change over time, Turner continued.

“If any case is sealed, or if some adjustment is made in the record at our office, those changes are not reflected in the record previously sent to a company.”

Turner said they’ve had citizens blame their office for inaccurate criminal information they found about themselves on the Internet, even though the court’s record remains accurate.

Ohio Community Corrections Association Executive Director V. Lusanne Green said when people are acquitted or gave their formal records expunged, the informational records left behind on these websites “persist with very real negative consequences for employment, housing options and reputation.”

The bill passed the House in March in a 90-4 vote and passed the Senate unanimously on Sept. 27.