If you’ve ever searched for yourself online, you may have been shocked to find your mugshot on a website. Mugshots are often published by websites that collect arrest records and charge people for removing or “burying” these images. While these sites claim to provide public information, many people don’t realize how damaging a mugshot can be, especially if the charges were dropped or never resulted in a conviction. Fortunately, some states have laws to help remove mugshots from websites. Let’s explore the state-specific laws and what you can do if your mugshot is posted online.

Why Are Mugshots Posted Online?

Mugshots are often public record, which means they are generally accessible under the Freedom of Information Act (FOIA). Many websites collect these photos along with basic arrest information, making them available to anyone who searches online. Some websites charge individuals for removing their mugshots, while others post them for free.

While these websites argue they are simply providing public records, having a mugshot appear online can be harmful. According to a 2021 study, nearly 70% of people who had their mugshots posted online reported facing long-term negative consequences, including job loss and damage to personal relationships. This is why several states have taken action to pass laws to help remove mugshots from websites.

State-Specific Laws for Mugshot Removal

Several states have passed laws to address the issue of mugshot websites, making it illegal for sites to profit from posting mugshots. These laws often require that websites remove mugshots after a certain amount of time or upon request from the person involved. However, these laws vary significantly from state to state. Let’s look at a few examples.

1. California

California has one of the most comprehensive laws when it comes to mugshot removal. The California Online Privacy Protection Act (CalOPPA) prohibits websites from charging individuals to remove their mugshots. If your mugshot is posted online in California, you can request its removal, and the website must comply within a reasonable time frame.

California law also requires that these websites clearly disclose the process for requesting a mugshot removal. The website must also provide a way for individuals to prove that they were arrested but not convicted.

2. New York

In New York, a law was passed in 2018 called the Mugshot Removal Law. This law requires websites that post mugshots to remove the photos if a person has been acquitted, the charges were dropped, or they were not convicted. In some cases, if the person requests it, the website must take down the mugshot within 30 days of receiving the request.

New York law also makes it illegal for websites to demand a payment to remove a mugshot. If a website fails to comply with these laws, individuals have the right to file complaints with the state’s consumer protection division.

3. Texas

Texas passed the Mugshot Removal Act in 2017. This law focuses on making sure that mugshots are only posted when it’s appropriate. Websites that post mugshots must remove them upon request if the charges were dropped or if there was no conviction. Additionally, websites are prohibited from charging fees for removal if the charges were dropped or if the individual was acquitted.

If a website refuses to remove a mugshot, individuals can file a complaint with the Texas Attorney General’s office. The law also provides penalties for those who violate the guidelines, helping to prevent these websites from taking advantage of people.

4. Florida

Florida has a strong law that protects people from websites profiting off mugshots. Florida Statute 901.1501 requires websites that post mugshots to take them down if the person involved was not convicted, if charges were dismissed, or if the arrest resulted in an acquittal. The person can request removal, and the website must comply within 10 days.

In Florida, it is illegal for a website to charge money for mugshot removal. If the website fails to remove the mugshot after a valid request, individuals can file a complaint with the Florida Department of Legal Affairs or sue for damages.

5. Nevada

Nevada passed a Mugshot Removal Law that requires websites to remove a mugshot if the charges were dropped or if the individual was acquitted. The law also prohibits websites from charging for mugshot removal unless there has been a conviction.

If someone’s mugshot is posted, Nevada law allows the individual to request its removal by submitting a written request to the website. If the website doesn’t comply, the person can file a complaint with the Nevada Attorney General’s office.

6. Georgia

Georgia’s Mugshot Removal Law requires websites that post mugshots to remove them if the person was acquitted, if charges were dismissed, or if the individual was not convicted. In Georgia, these sites cannot charge a fee for removing a mugshot unless the individual was convicted of the crime.

The law also provides that the person who requests removal must not have a criminal conviction on their record. The law gives individuals the right to file complaints with the state’s consumer protection division if their mugshot is not removed within a reasonable time frame.

What to Do If Your Mugshot Is Posted Online

If your mugshot is posted online and you live in a state with laws protecting individuals from these websites, follow these steps to request its removal:

1. Contact the Website

First, contact the website that posted the mugshot. Most websites will have a removal request form or a contact email for individuals who want their mugshots taken down. Be sure to explain that you were not convicted, the charges were dropped, or you were acquitted, depending on your situation.

2. Provide Documentation

Some websites may require proof to back up your request. This might include court documents, a copy of your dismissal, or a letter from the prosecutor stating that charges were dropped. Make sure you provide the required documentation to ensure the process goes smoothly.

3. File a Complaint

If the website doesn’t respond to your request, or if they refuse to remove the mugshot, you can file a complaint with your state’s consumer protection agency or attorney general’s office. Many states have laws that allow you to report violations of the mugshot removal laws.

4. Legal Action

In some cases, you might need to take legal action. Some states provide the option to sue websites that refuse to comply with mugshot removal laws. If the website continues to refuse removal and is profiting from the image, you may be entitled to compensation for damages.

What if Your State Doesn’t Have a Law?

If you live in a state that doesn’t have specific laws regulating mugshot websites, it can be more difficult to have your mugshot removed. However, you still have some options:

• Request the removal: Even if a state law doesn’t require it, you can still ask the website to remove the mugshot.
• Use online content removal services: Some companies specialize in removing personal information from websites, including mugshots. While these services often charge a fee, they can handle the process for you.
• Seek legal help: Consult with a lawyer to see if you can pursue legal action based on general privacy laws or harassment.

Conclusion

Having a mugshot posted online can be damaging, but there are steps you can take to remove it. Many states have passed laws that require websites to remove mugshots when charges are dropped or the individual is acquitted. If your state has such a law, you can contact the website, request removal, and take further action if necessary. For states without laws, seeking legal help or using online content removal services may be your best options. Taking control of your online image is essential in today’s world, and knowing your rights can help protect your reputation.