Your mugshot is on the internet. Your name is in the headline. You were arrested, but maybe never charged or later cleared. Still, that story lives on.
Can you sue the news site that posted it?
Sometimes. But it’s not easy. Here’s what you need to know.
Dig Deeper: How to Remove Court Records from Google Search
What Is Defamation?
False and Harmful Statements
Defamation is when someone publishes a false statement about you that causes real harm. If a news site says you did something illegal and you didn’t, that could be defamation.
But if they report something that’s true, even if it’s embarrassing, it’s not defamation.
To sue, you usually have to prove:
- The statement is false
- It was published
- It caused damage
- The publisher was at fault in some way
That’s a high bar. Most news outlets are careful. But mistakes happen.
Are Arrests Public Information?
Yes. In the United States, arrests are public records. Police departments often issue press releases. News sites then pick them up.
Even if your case was dismissed, the article about your arrest might stay up.
One man in Ohio said, “I was arrested and cleared two days later. But when I applied for jobs, that article still showed up. I couldn’t believe how hard it was to get it taken down.”
When Can You Sue for Defamation?
If the Article Is Wrong
If a news site says you were charged and you weren’t, that might be enough. If they say you were convicted but the case was dropped, that’s a stronger case.
Some courts have ruled that publishing incomplete legal info can be defamatory if it misleads readers.
You’ll need proof. Court documents help. So does showing real damage, like lost jobs or harassment.
If They Refuse to Correct It
If you tell the site their article is wrong and give proof, and they refuse to correct it, that strengthens your case. Courts look at whether the publisher acted recklessly.
If the Headline Is Misleading
Sometimes the headline is worse than the story. A misleading headline that falsely implies guilt could count as defamation.
Example: “John Doe Charged in Fraud Case” when the article admits no charges were filed.
If You’re a Private Figure
It’s easier to sue if you’re not famous. Public figures have to prove “actual malice”—that the publisher knew it was false or ignored the truth.
Most people aren’t public figures. If you’re a regular person, the bar is lower.
When You Can’t Sue
If It’s True
Truth is the strongest defense against defamation. If the article says you were arrested and you were, you likely can’t sue.
Even if the charges were dropped, the arrest happened. That’s enough for many outlets to keep the story up.
If It’s an Opinion
News commentary or editorials are usually protected. Saying “We believe this person acted badly” is not the same as stating false facts.
If You Wait Too Long
Most states have a time limit, usually 1 to 2 years, to file a defamation lawsuit. After that, you’re out of luck.
How to Respond Without a Lawsuit
1. Ask for a Retraction or Update
Many news sites have contact forms or editors who handle corrections. Be polite. Send court documents showing the charges were dropped or the record was sealed.
Ask them to:
- Update the story
- Add a note about the dismissal
- Remove your name from the title
Sometimes that’s enough.
2. Use Google’s Removal Tools
If your name shows up in search with sensitive info, Google may help.
You can request to remove:
- Outdated content
- Personally identifiable info
- Non-consensual images
It won’t erase the story, but it can remove it from search.
3. Suppress It with Better Content
Create pages that rank higher than the arrest article. You control what shows first.
Build:
- A personal website
- Updated social media profiles
- Blog posts or YouTube videos with your name
Use your full name consistently. That helps push bad results down.
4. Work With a Reputation Management Team
If it’s too much to handle alone, you can hire pros. A reputation management service can monitor search results and push negative content out of view.
Top Shelf Reputation is one option. They specialize in removing outdated news and improving search visibility for people with public legal records.
Real Cases and Results
In 2021, a man in Georgia sued a local news site for refusing to correct an article that said he was charged with theft. The case was later dropped, but the site never updated the story. He won a $50,000 judgment.
In another case, a woman’s sealed record kept showing up on background check sites. She couldn’t sue the government but was able to get the data brokers to remove it after showing proof of sealing.
These cases are rare but growing. The key is having documentation and acting fast.
What to Know Before You Sue
- Lawsuits are public. You may draw more attention to the original arrest.
- Legal fees can be high. Not all attorneys take defamation cases on contingency.
- There’s no guarantee. Courts protect press freedom.
Still, if the article is clearly false or misleading, it might be worth it.
Final Thoughts
Seeing your name next to a crime you didn’t commit is frustrating. Even if the case is long over, the article can live forever.
You might be able to sue for defamation, but only if the facts are wrong, the harm is real, and the publisher acted carelessly.
Before going to court, try retraction requests and search suppression. Build a strong online presence. And when needed, talk to a lawyer who understands media law.
You have rights. You just need the right tools to use them.
Need help? Top Shelf Reputation specializes in managing court records online, even when they can’t be fully removed. Contact us today to take back control of your online image.