Does a Social Media Post About a Sealed Arrest Become Defamation?

Question from AK27, Does a Social Media Post About a Sealed Arrest Become Defamation?

Answer from AI:

In general, defamation involves making false statements about someone that harm their reputation. However, the truth is typically an absolute defense to a defamation claim. If someone posted about your arrest on social media and the information was accurate at the time it was posted, it would not typically be considered defamation, even if the case is later dismissed and the arrest is sealed.

Understanding Defamation

Defamation law in the United States is primarily governed by state law, but there are some general principles that apply. Defamation involves a false statement of fact that injures someone’s reputation. The statement must be published to a third party and the person making the statement must be at fault in some way.

Truth as a Defense

Truth is generally an absolute defense to defamation. This means that if the statement was true at the time it was made, it is not defamatory. If someone posted about your arrest and you were indeed arrested, then the post was true when it was made. Even if the case is later dismissed and the arrest is sealed, the fact that you were arrested remains true.

Sealed Records and Privacy

While the sealing of an arrest record can protect your privacy and limit access to the information, it does not change the fact that the arrest occurred. Sealing an arrest record primarily prevents the government and certain employers from accessing the information, but it does not erase the event or make statements about it false.

Consulting a Legal Professional

If you believe you have been defamed, or if you have questions about your specific situation, you should consult with a legal professional. They can provide advice based on your specific circumstances and the laws in your jurisdiction.

Online Content Removal

If the social media post about your arrest is causing you harm, you might consider asking the person who posted it to remove it. Many social media platforms also have procedures for requesting the removal of content that violates their terms of service.

Please note: This information is intended to provide a general understanding of defamation law and should not be construed as legal advice. Laws vary by jurisdiction and individual circumstances can greatly affect how the law applies. Always consult with a legal professional for personalized advice.

For more information on defamation law, you can visit the Legal Information Institute’s page on defamation. For information on sealing arrest records, you can visit the U.S. Government’s page on court records.