DMCA Policy

DMCA Policy

Copyright Notices and Counter-Notices Under 17 U.S.C. § 512

recentarrests.org/ responds to valid Digital Millennium Copyright Act (DMCA) notices that comply with 17 U.S.C. § 512. If your concern is about a sealed or expunged record rather than copyright, the DMCA is not the right tool — see the priority box below for a faster, no-cost channel.

Effective date: January 1, 2026
Last reviewed: April 2026
Statutory framework: 17 U.S.C. § 512
🛑 Read this first if you want a sealed or expunged record removed

The DMCA is a copyright statute. It is not the right tool for asking us to remove a sealed, expunged, set-aside, or vacated arrest record from recentarrests.org/. We have a separate, faster, completely free process for that.

Use the “Sealed/expunged record removal” subject on our Contact page. We acknowledge within 5 business days and remove the record within 10 business days of receiving acceptable verification. We never charge a fee for this.

If you submit a DMCA notice for a record-sealing or expungement issue, we will redirect you to the sealed/expunged channel — which means you’ll lose time. Go straight to Contact instead.

1. Scope of This Policy

recentarrests.org/ publishes information about U.S. arrest records, mugshots, jail rosters, inmate locators, court case records, and active warrants — drawn from sheriff's offices, county jails, state corrections departments, the Federal Bureau of Prisons (BOP), the U.S. Marshals Service (USMS), the FBI, and federal/state court systems. The site itself, its editorial structure, original commentary, and unique design elements are protected by U.S. copyright law (Title 17, U.S. Code).

This policy explains how copyright owners can submit a DMCA takedown notice if they believe content on recentarrests.org/ infringes their copyright, and how we handle counter-notices from people whose content was removed.

2. When DMCA Is — and Is Not — the Right Tool

The DMCA addresses one specific question: does material on a website infringe the copyright owned by the notice-sender? Many requests we receive are framed as DMCA notices but are actually about something else entirely.

Your concernThe right channel
You hold the copyright in a photograph being used without permissionDMCA notice — proceed to Section 4 below
The arrest record was sealed, expunged, set aside, or vacatedSealed/expunged removal — Contact page, no charge, faster than DMCA
The charges were dismissed or you were found not guiltySealed/expunged channel if your record qualifies for sealing under your state law; otherwise see editorial-correction
The information published is factually incorrectCorrection request — Contact page, “Correction” subject
A statement is defamatory under state lawDefamation notice — Contact page, “Legal — defamation” subject
You believe a third party stole your trademarkTrademark notice — see Section 10 below
You want a record removed because you paid another site to remove itWe do not honour pay-for-removal arrangements — see editorial policy

3. How to File a DMCA Notice

To file a DMCA takedown notice with recentarrests.org/, send a written notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent (Section 14). Email is the fastest channel. Notices that don't include all six required elements (next section) cannot be processed and will be returned with an explanation of what is missing.

Submit only what you actually own

The DMCA process is for copyright owners and their authorized agents only. Submitting a DMCA notice for material you don’t own copyright in — for example, an arrest mugshot taken by a sheriff’s office that holds the copyright (or, in many states, a public-domain government work) — is misrepresentation under 17 U.S.C. § 512(f) and you may be liable for damages, including the costs and attorney’s fees of the affected party.

4. The Six Required Elements (17 U.S.C. § 512(c)(3))

A valid DMCA notice must contain substantially the following:

  1. Signature of the copyright owner or authorized agent. A physical or electronic signature is acceptable. State your authority — owner or agent — and, if you’re an agent, identify whom you act for.
  2. Identification of the copyrighted work. Describe the specific work claimed to have been infringed. If multiple works at one site, a representative list is acceptable. Include the registration number with the U.S. Copyright Office if registered.
  3. Identification of the infringing material. Provide the exact URL on recentarrests.org/ where the allegedly infringing material appears, and describe what the material is. URLs to a search-results page or a category index are insufficient — we need the specific page.
  4. Your contact information. Mailing address, telephone number, and email address.
  5. A good-faith statement. The statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
  6. A statement under penalty of perjury. The statement: “The information in this notification is accurate, and under penalty of perjury, I am the owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The U.S. Copyright Office has model notice language

The U.S. Copyright Office DMCA Designated Agent Directory and resources are at copyright.gov/dmca-directory. Templates and explanatory material are widely available from the Copyright Office.

5. What Happens After You Submit a DMCA Notice

  1. We acknowledge receipt within 5 business days, normally faster.
  2. We review the notice for completeness. If any of the six elements are missing, we return the notice with an explanation. The clock does not start until a complete notice is received.
  3. We assess obvious defects. If the notice is for material we obviously do not host (for example, an external site we link to but don’t control), or for which fair use is plain on the face of our use (Section 9), we may decline to remove and explain why.
  4. We remove or disable access expeditiously if the notice is valid. The exact timing depends on the page but is usually within 5–10 business days of a complete, valid notice.
  5. We notify the affected page contributor (where applicable) that the material was removed and provide them with a copy of the notice so they can submit a counter-notice if they believe the takedown was improper.
  6. We log the action in our internal repeat-infringer record per § 512(i).

6. Counter-Notice Procedure

If you believe content of yours was removed in error or as a result of misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g)(3). A valid counter-notice contains:

  • Your physical or electronic signature
  • Identification of the material removed and the location at which it appeared before removal
  • A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification
  • Your name, address, and telephone number
  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or, if outside the United States, the U.S. District Court for the District of Delaware (the venue of our governing-law clause), and that you will accept service of process from the original notice-sender

If we receive a valid counter-notice, we forward it to the original notice-sender. Unless the notice-sender files an action in court within 10–14 business days, we may restore the removed material per § 512(g)(2)(C).

7. Repeat-Infringer Policy — § 512(i)

Per 17 U.S.C. § 512(i), we maintain a policy of terminating, in appropriate circumstances, the access of subscribers and account-holders who are repeat infringers. Because recentarrests.org/ content is editorial — produced by our team, not user-uploaded — repeat-infringer issues at the user-account level are uncommon. Where a contractor, contributor, or third-party feed source repeatedly submits material that triggers valid DMCA notices, their access is suspended or terminated.

8. Misrepresentation — § 512(f)

False DMCA notices have legal consequences

17 U.S.C. § 512(f) provides that any person who knowingly materially misrepresents that material is infringing — or that material was removed by mistake or misidentification — is liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, the copyright owner, or the service provider as a result of reliance on the misrepresentation.

We refer particularly egregious or systematic misrepresentations — including organized DMCA-abuse schemes used to suppress accurate public-records reporting — to legal counsel for evaluation under § 512(f) and other applicable law.

9. Fair Use — 17 U.S.C. § 107

recentarrests.org/ reports on matters of public concern using public records. Reporting on, summarising, or providing factual information about an arrest or court proceeding is a quintessential fair use under the four-factor analysis in 17 U.S.C. § 107: (1) purpose and character (news reporting, public interest, transformative); (2) nature of the work (largely factual public records); (3) amount used (limited to what's necessary for the report); (4) market effect (none, because the underlying records are non-commercial public-agency outputs).

Where fair use is plain on the face of our use of material identified in a DMCA notice, we will explain that position in our response and may decline to remove. Notice-senders who disagree may pursue the matter in court; § 512 does not require service providers to remove material whose use is plainly fair.

10. Trademark Concerns

The DMCA does not cover trademark — it is a copyright statute. If you believe a trademark you own is being misused on recentarrests.org/, contact us at info@recentarrests.org with subject "Legal — trademark" and include: the trademark name and registration number (with the U.S. Patent and Trademark Office or applicable jurisdiction); the goods/services for which the mark is registered; the URL on recentarrests.org/ where the mark appears; and your contact information. We use sheriff's-office, county-jail, state-corrections, and federal-agency names to identify the body each page covers, which is normally a non-trademark descriptive use, but we evaluate each notice on its facts.

11. Sealed/Expunged Carve-Out — Why DMCA Is Not the Right Tool

For sealed and expunged records, use Contact — not DMCA

If a court has sealed, expunged, set aside, vacated, or otherwise lawfully restricted access to your arrest or conviction record, the legal basis for our removing it is not copyright law — it is the court order. The DMCA cannot help you. Sending a DMCA notice for a sealing/expungement issue forces our compliance team to redirect you, which costs you days.

Use the “Sealed/expunged record removal” subject on our Contact page. Acceptable verification is normally a copy of the sealing or expungement order from the court. We acknowledge within 5 business days and remove within 10 business days of receiving acceptable verification.

This service is and always will be free. We do not charge — nor do we accept payment from third parties who claim to act on your behalf — for sealed/expunged removal. We do not partner with any commercial “reputation management” or “mugshot removal” service.

12. State Mugshot-Removal Laws

A growing number of states have enacted laws that restrict the publication of arrest mugshots and prohibit pay-for-removal practices. We comply with applicable state law. Examples include:

StateStatuteWhat it does
FloridaFla. Stat. § 901.43; § 943.0585Prohibits commercial mugshot websites from charging removal fees; provides expungement framework
IllinoisCriminal Identification Act amendments (pay-for-removal ban)Prohibits mugshot publishers from accepting payment for removal
CaliforniaCivil Code § 1798.91.1 (and related provisions)Restricts publishing arrest mugshots for fee-based removal
Colorado, Georgia, Oregon, UtahSimilar pay-for-removal prohibitionsCivil and criminal exposure for charging removal fees
TexasBus. & Commerce Code provisions on commercial mugshot publicationStatutory damages framework

If you believe content on recentarrests.org/ is subject to a state mugshot-removal statute, contact us at info@recentarrests.org with subject “Legal — state mugshot statute” and identify the statute and the URL. We follow the statutory procedure and never charge a fee.

13. Defamation Concerns

The DMCA does not cover defamation. If you believe a statement on recentarrests.org/ is defamatory under your state's law, contact us at info@recentarrests.org with subject “Legal — defamation” and identify the URL, the specific statement, why you believe it is false, and any documentation supporting the correction. We evaluate each notice with reference to applicable First Amendment standards including New York Times Co. v. Sullivan, 376 U.S. 254 (1964) and the actual-malice standard for matters of public concern, alongside applicable state defamation law.

14. Designated Agent

recentarrests.org/'s designated DMCA agent for receiving notices of claimed copyright infringement is:

Namerecentarrests.org/ Editorial — DMCA Agent
Emailinfo@recentarrests.org (subject line: “DMCA notice”)
Postal addressAvailable on request to the email address above

The U.S. Copyright Office maintains a Designated Agent Directory at copyright.gov/dmca-directory.

Wrong tool? Go to Contact instead.

Sealed, expunged, set-aside, or vacated record? Skip DMCA. Use the “Sealed/expunged record removal” subject on Contact — faster, free, designed for the job.

📋 Contact for sealed/expunged removal 📧 Send a DMCA notice