Booking Photo Legal Information

Booking Photo Removal & Legal Information

R41D41 Industries, LLC ( R41D41 ) owns and operates both  Newnan Coweta Scanner Traffic ( NCST ), and Coweta DUI Report ( CDR ). Both of these sites and their corresponding social media sites are operated by R41D41.

During the normal course of business both NCST & CDR use, and present, multipule forms of data gathered through Open Records Request. This includes Booking Photos of suspects booked into county, state and federal detention facilities.

It is R41D41 Industries, LLC’s intent and policy to fully comply with all requirements set forth in governing laws, policies and agreements.

Please note that the below information pertains only to the removal of the Booking Photo and not the mention of, or posting of, the booking itself.

Laws Governing Booking Photos

The following laws govern the request, posting, and removal of Booking Photos in the state of Georgia. Click on the individual headers to be taken to the text of each law.

GA Code § 35-1-19 (2022). Disclosure of Arrest Booking Photographs Prohibited

The text of this law, as it applies to R41D41, sets forth that no website shall not require money or any other form of consideration to remove a Booking Photo.

GA Code § 10-1-393.5 (2022). Telemarketing, Computer Activities, and Home Repair or Improvement Work; Certain Prohibitions; Offenses

The text of this law spells out the process for requesting a Booking Photo removal, as well as the requirements under which a booking photo must be removed. It also sets forth the consequences for failing to do so in the timeline set forth in the text of the law.

Requirements for Booking Photo Removal

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.

Process to Request Removal

To request the removal of the photograph, the individual must

1. send written correspondence, including
   a. his or her name,
   b. date of birth,
   c. date of arrest and
   d. 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.

Request may be sent to:

R41D41 Industries, LLC.
15 Perry St, Ste 402
Newnan, GA 30263