Are there laws about releasing mugshots? In this guide, we discuss whether or not all mugshots are part of the public record.
If you’ve ever been arrested, the odds are high that your mugshots, arrest information and court records are online. With this in mind, you should be aware of the laws about releasing mugshots online and how they impact your personal privacy.
Most charges that people face never make it as far as going to court. Yet, you can continue to struggle with your online reputation due to mugshot sites posting your vulnerable and embarrassing information online.
Whether you want to remove an arrest record, criminal investigation records, booking photographs or other types of negative content, submit the form below to start your free analysis.
NetReputation has helped thousands of clients who have embarrassing photos and arrest booking photographs posted online. Our team of reputation management experts can help you navigate the complex process of dealing with mugshot sites and law enforcement websites so you can repair your damaged reputation.
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Are There Federal Laws About Releasing Mugshots?
There are no nationwide laws regarding releasing mugshots online. Furthermore, if the arrest did, in fact, occur, there are typically no grounds for slander or defamation on the federal level. This is because your booking photo and arrest records are often considered part of public interest.
When your arrest records and other personal information are considered to serve the public interest, a law enforcement agency has determined the following:
- Your court records, arrest records, booking photographs or other information serve a purpose for the public, like in the event of child abuse cases.
- The public’s interest in your personal information outweighs the privacy concerns you may have about that information becoming part of the public record.
Unfortunately, the few privacy laws that protect your arrest booking photographs often leave many individuals at the mercy of website owners. Mugshot sites scrape public records, then post embarrassing booking photos and arrest records for anyone to see.
Moreover, since these mugshot sites get a lot of traffic, they feature prominently in online search results.
Are Mugshots Part of the Public Domain?
Mugshot photos and arrest information are public record, no matter whether the information is accurate or not. Once someone has been booked and had their mugshot taken, the arrest information becomes part of the public domain.
Since mugshots are in the public domain, police departments, law enforcement agencies and government entities are allowed to post this info on the internet. That means that anyone can access your booking photo and arrest records with a simple internet search.
How Long Before Mugshots Are Posted Online?
Mugshots are generally taken when an arrested person is booked at the police station by law enforcement officers. Within 24 hours, mugshots are posted to the county website and can then be aggregated by external mugshots websites. Depending on the state or county, it can take a week or longer for the mugshot to show up in search engines.
Once this happens, other mugshot websites will instantly republish these arrest photos and other public information. While not all states and counties will post a mugshot that quickly, it goes without saying that mugshots circulate around the internet quickly once they become part of the public record.
Mugshot Laws by State
State laws may vary regarding the availability of booking photos, mugshots, and arrest records online. Numerous states have passed laws requiring government agencies to make public records available to anyone with access to the internet.
When a police department makes an arrest and books someone, the records and arrest booking photograph often get posted to a publicly available database. Even if charges are dropped, your mugshots and records may continue to be visible on these sites for weeks, months or indefinitely.
The following states have established laws about releasing mugshots that impact your ability to remove a mugshot from the internet:
- California Mugshot Laws
- Florida Mugshot Laws
- Georgia Mugshot Laws
- Illinois Mugshot Laws
- Nevada Mugshot Laws
- New York Mugshot Laws
- Texas Mugshot Laws
Familiarizing yourself with the public record laws in your state will help you determine if and when law enforcement agencies will post your booking photo online.
Florida law is similar to the laws in many states, requiring all public records to be available without cost. The Florida Legislature has been a model for other state legislatures in passing regulations requiring the public availability of a wide range of public records.
Law Enforcement Agencies and Mugshot Websites
Mugshots and arrest details are typically available to the public through local law enforcement records. Most of the time, you can locate these records on Google within minutes.
Public records may include the following information:
- Arrest records and criminal records
- Booking photos
- Marriage licenses
- Personal information identifying individuals in the community
Although state police and other government websites do keep a record of mugshots, the websites we typically see ranking favorably on Google are independent businesses.
Mugshot websites have grown in popularity in recent years. Today, dozens of sites representing the mugshot industry host photos of people from around the country. When these sites publish mugshots, your personal and professional information can be readily available to the public.
Booking Photographs and Your Online Reputation
When your arrest photograph gets published online, your online reputation is at risk. Whether you are an individual or a business owner, a mugshot can stand in the way of your personal and professional prospects.
In today’s highly connected society, people turn to the web to learn about others all the time.
If negative information appears in search results when someone looks for your name in Google, the consequences could be severe. This negative information — including your booking photos, criminal charges, or other unflattering photos — can tarnish someone’s impression of you.
Personal Consequences
If the information is bad enough, you might experience the following consequences in your personal life:
- Miss out on being accepted to the school of your choice
- Get denied for a home or vehicle loan
- Get passed over on dating sites
Professional Consequences
Your professional prospects are also at risk, particularly if you are a business owner. Imagine what may happen if a customer or potential business partner were to discover your booking photographs in a Google search.
Here are some scenarios to consider:
- During the hiring process for your dream job, recruiters may conduct online background checks that reveal negative information about you.
- A prospective business partner finds your mugshot in a web search, potentially derailing a lucrative business partnership.
- Your employer passes you over for a promotion based on negative information found online.
- A financial institution finds your booking photographs when conducting due diligence for a business loan.
In each of these scenarios, your professional future is at stake. Can you really afford to have your mug shot or arrest details posted on the web?
Every person and business should care about managing their online reputation. The experts at NetReputation can help you make a path forward if booking photographs have damaged your digital presence. Call us today at 844-461-3632 for a free consultation.
How Did My Mugshot Get Published Online?
It’s an unfortunate truth that many websites ignore laws about releasing mugshots online. As a result, this is what happens as your mugshot makes its way to Google:
- Police arrest you, and a law enforcement officer takes your mugshot at the station.
- Your booking photographs are uploaded to the county database.
- Officials update these databases every 24 hours.
- Third-party mugshot websites automatically gather recently added or updated information.
- Mugshot sites compile this info into an “arrest profile” that they then feature online.
- The website operator posts and indexes each page in Google’s Search Console.
- Within 1-2 weeks, Google begins to recognize these new websites and ranks them in search.
- From this point, your mugshot may spread like wildfire.
When a mugshot site disseminates information relating to your arrest, they are entirely within their rights to do so. The only restriction is if such sites post personal information and booking photos for any commercial purpose.
In other words, the publication of mugshots is perfectly fine as long as they do not require payment to view public photos and records.
Owners of mug shot sites claim First Amendment protections, claiming that posting photos and arrest details is a Constitutionally-protected right. These sites often state that because money is not charged, such information must be freely available to any person who wishes to view it.
Make no mistake, however: Mugshot websites exist for the purpose of making money.
These sites get a high amount of traffic, making them extremely attractive to advertisers. While the sites may not charge the pubic money to view mugshots, the site owner earns income from ad revenue.
Social Media and Arrest Mugshots
Mugshot websites are not the only places to worry about. Social media is another area where mugshots may appear.
So far, legislation has not addressed the publication of arrest photos and mugshots on social media platforms. That means mugshots can be released on Facebook, X and other popular social platforms.
That is why you must remain proactive when protecting yourself and your online reputation.
NetReputation’s team of experienced reputation specialists know that visibility on social media can make or break your success. By working directly with clients to have a mugshot removed, we have helped our clients restore damaged reputations, increase brand awareness, and control negative information in search results.
To speak with an ORM expert about your online presence, call us today at 844-461-3632.
Guidelines for Publishing Arrest Booking Photographs Online
When it comes to publishing and distributing mug shots online, there are not many laws or state ordinances in place to prevent abuse. Also, whenever a new law is proposed, it takes time for that law to be passed. In the meantime, people across the country continue to deal with the publication of their most embarrassing photos.
As long as the information goes online while the arrest is in the public record, there is no legal obligation to remove it.
But what if your case was dismissed or expunged? Some sites will remove your arrest profile from their domain if you email them a copy of your dismissal or expungement, along with a written request to take down your information.
However, the average arrestee is found on an average of 5-10 different websites. While one site owner may agree to remove your information, that still leaves multiple other sites that are currently publishing your mugshot.
While some individuals — like minors, high-ranking members of the armed forces, and top-level federal government officials — may have an easier time with the removal of a mugshot, there are usually no restrictions for mugshot publication websites.
Today, this has turned the industry into a profit-mongering pool of greedy individuals looking to make a quick buck by tarnishing your online reputation. When money is involved, these sites could care less whether your reputation is harmed or not.
Legal Options for Getting Your Mugshot Taken Down
In states across the nation, mugshots posted to the web have damaged the reputations of thousands of people who have been arrested — even those who are innocent.
The law is not always favorable in protecting your rights to online privacy. Still, there are legal options when it comes to having a photo removed from a mugshot site. In fact, a law firm may be one of your best solutions if a police department has leaked your mugshot to the web.
Attorneys specializing in online privacy offer legal advice for anyone who has been harmed by the publication of photos. If you’ve been arrested and your charges have been dismissed, your photo may still appear on mug shot sites. If that’s the case, your options may include providing expungement or case dismissal records to the owners of the site or filing a formal takedown request.
This legal advice is often available only for the cost of reasonable attorney fees. Unfortunately, because of weak privacy laws, a class action lawsuit or similar civil action against the owners of mug shot sites is rarely successful. Your law firm or attorney can advise you of your options when it is time to remove a photograph from any website.
Freedom of Information Law and Releasing Mugshots
The Freedom of Information Act (FOIA) is a governmental law that has stood in existence dating back to 1966.
The FOIA is the law that allows the people the power to examine and reproduce any and all records generated by federal agencies. This goes for all departments within the executive branch of our government.
In 1996, the FOIA was altered to permit people to gain more access to digital records and data.
Furthermore, the revisions made to the law became recognized as the Electronic Freedom of Information Act (E-FOIA).
In order to receive this data, all someone is expected to do is register an FOIA application.
Who can file a request? Those permitted to inquire about records include all U.S. citizens, businesses, corporations, international subjects, and colleges.
However, while practically anyone can file a request, securing the data is not usually free.
Exemptions to the Freedom of Information Act
- Data listed as matters of national security or foreign policy
- Internal agency systems and organization practices
- Any knowledge that has been explicitly excused from a different law
- Trade mysteries, financial data, or business reviews that have been collected from a person and are exempt or confidential
- Documents that would be deemed an intrusion of personal privacy, such as personnel, medicinal, and other related reports
- Studies or other data that has been received during law enforcement purposes
- Erudition on financial companies with respect to their actions, research, or status
Filing a Written Request To Remove Booking Photos Online
At NetReputation, we know how damaging it can be to have your photograph or arrest details published for all the world to see online. To protect your privacy and to take control over your reputation, our team of experts has the skills and knowledge needed to help.
Our team uses a variety of strategies to help clients with website information takedowns. We file written requests, work directly with site owners, and leverage legal options. If you have ever been arrested, you may have been at the lowest point in your life. Don’t let an arrest stand in the way of your future.
With our help, you can restore your reputation and protect your good name. Get your mugshots taken down with the help of the content removal professionals at NetReputation. Call us today at 844-461-3632 to speak with a specialist.
Contact NetReputation Today
NetReputation is a leader in reputation management. We have helped clients from around the world with mugshot removals and many other customized services designed to help you succeed. Fill out the form below or call us at 844-461-3632 for a free consultation.
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by Net Reputation