California mugshot law can be confusing. Learn how to navigate the challenges and get your mugshot removed with our complete guide.
California public records, including mugshots, are accessible under the California Public Records Act (CPRA). You probably know that many for-profit websites in the US, including California, now publish arrest records and mugshots online.
But did you know many sites make money by charging people to remove these images?
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The Legality of the Mugshots in California
So, is this legal or a violation of the Fourth Amendment?
Well, the short answer is that it depends on the state you’re in.
To date, 14 states, including California, Texas, and Illinois, have strict laws prohibiting businesses from charging you to remove arrest photographs from the web. In California, the accessibility of mugshots and arrest records is governed by the California Public Records Act, which ensures the public’s right to access government-maintained records while detailing the necessary steps and presenting the exemptions and restrictions that may apply.
Moreover, online payment providers supporting these businesses may face fines from local authorities.
Working Around the Laws
Sadly, many mugshot sites ignore these laws or know how to work around them.
Also, in places where individuals can no longer pay to delete embarrassing images, they usually have no remedy for removing them.
Most have little to no control over where their mugshots end up once local law enforcement agencies release them to the public, which are then picked up by mugshot sites.
California Mugshot Law and The Publishing Industry
Without a broader federal law, the mugshot publishing industry is part of a market of tabloid journalism.
California arrest records include mugshots and other booking information published by the industry. Regarding the California mugshot law, it is worth mentioning that the California mugshot publishing industry comprises organizations that publish mugshots and other booking information of people arrested across the state.
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These companies publish arrest information, like mugshots, on local search websites.
As you can imagine, the mugshot industry in California profits when arrestees pay considerable fees to remove mugshots from one or more sites. These companies primarily profit from criminal and arrest records retained by law enforcement agencies and can significantly impact an individual’s criminal history.
As expected, this has led to allegations of extortion-like practices.
Initiatives in California to Rein in Mugshot Companies
In 2014, California passed a law barring mugshot sites from charging to remove photographs. The California Department of Justice is crucial in enforcing this law against mugshot companies. Yet, even supporters of this law don’t know how well the law works.
For example, when Stateline pressed him for evidence of the law’s effectiveness, state Sen. Jerry Hill located WhoGotArrested.org, a site requesting fees to remove mugshots.
Similarly, California’s Attorney General filed money laundering and extortion charges against another website that posts mugshots and charges for removal.
His office now targets Mugshots.com, which posts mugshots from various law enforcement agencies around the state. According to the A.G.’s office, the website charges a hefty “de-publishing fee” to remove an image from its archives.
Recent Developments to Control Mugshot Publishing Companies
Note that there have been some recent developments in the US penal code regarding mugshots. California criminal records are also affected by recent legal developments, which impact their accessibility and privacy. Some are signaling the end of an era of releasing mugshots and booking photographs.
First, New York Governor Andrew Cuomo proposed banning the release and publication of mugshots and other arrest information. This would exempt arrest records and photos from public records laws, which usually govern their release.
Second, Mugshots.com’s owners went before a California judge to enter a plea to criminal charges of money laundering, extortion, and identity theft. Mugshots.com often charged thousands of dollars to remove online images in its heyday.
And though dozens of lawsuits have been filed against this website in the past, this is the first time the state has filed criminal charges.
California Residents That Paid to Remove Mugshots
According to a recent affidavit, several Californians paid hundreds of dollars to remove their mugshots from the website.
These include:
— A Santa Rosa resident who spent a night in jail but was not charged with a crime. He asked the publishing company to remove his photo. The company refused. This young man believes that the mugshot is the likely cause of his inability to find work.
— A Los Angeles man. A court vacated his criminal conviction on a rape charge. Yet, he spent nine years in a Utah prison. The man paid about $500 to remove his mugshot from Mugshots.com. This is because he thought this image harmed his business and reputation and negatively impacted his criminal history and job prospects.
How to Find Mugshots in California to Remove
The sad reality in California is that as long as law enforcement releases mugshots, the mugshot industry will find ways to push the limits of the law. Local law enforcement agencies are responsible for maintaining and providing access to these mugshots, which are part of arrest records and criminal history information.
An important step is knowing where to look for sites that may post your California mugshot without your permission. Beyond a simple Google search, check out how to find mugshots for free.
What’s more, these sites rely heavily on ad revenue from inquisitive website visitors. Mugshot sites have recently started to file First Amendment claims. This includes Mugshots.com, which now features the word “news” in its logo.
What’s more, these sites rely heavily on ad revenue from inquisitive website visitors. Mugshot sites have recently started to file First Amendment claims. This includes Mugshots.com, which now features the word “news” in its logo.
Other Options for California Mugshot Removal
There are no doubt some other options for treating mugshots and other pre-conviction arrest records in the state without ending up in trial court or needing the help of a lawyer. California incarcerated records provide access to public records related to incarcerated individuals, including guidelines for obtaining or reviewing these records for removal.
For example, nearly all European countries regularly protect the privacy rights of the accused by limiting public access to criminal records to foster rehabilitation.
Remember that curbing mugshots in California to prevent extortion and public shaming does not equate to converting criminal justice operations, which are already quite secretive even with the current public records scheme.
It is certainly possible to promote an open and transparent government. While still preventing the release of millions of mugshots per year.
Our Solution
Following the information presented, we strongly believe that your current reputation should not be affected by any past mistakes you might have made.
At Net Reputation, we can manage everything related to your online reputation.
From removing ‘mugshots’ to pushing negative information out of searches, contact us today to learn everything that we can do for you.
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by Net Reputation