Skip to main content

Summary Mug Shots and Booking Photo Websites

Updated August 08, 2022
Related Topic: Technology

Overview

In recent years, booking or arrest photographs (mug shots) obtained from law enforcement websites have been reposted on commercial websites, some of which charge a fee to have the photographs removed. Some sites will remove photos at no cost for those who can show that charges were dropped or that they were found not guilty; others charge a fee. Once on the web, however, the photographs can be copied and redistributed by other sites, and individuals who had charges dropped or were found not guilty can find it difficult to repair their online reputation.

Several states have addressed these concerns by prohibiting law enforcement from releasing mug shots, prohibiting websites from charging fees for the removal of mug shots from a web site or otherwise regulating these sites' practices.

Critics of this type of legislation consider access to booking photographs shots an important part of journalistic coverage, freedom of speech and the public’s right to know. Journalists and others assert that these photographs should remain in the public realm. Indeed, some of the proposed legislation listed below would specifically provide that booking photographs are to remain public record. Notably, public records laws in some states do not expressly address whether mugshots are public records, and thus their release may be  left to the discretion of law enforcement.

Lastly, some private companies have taken action against some of the websites that charge fees to remove mug shots. MasterCard, American Express and Discover reportedly cut ties with the sites, and Google changed its search algorithms so that the sites do not show up as prominently in search results.

Public Records Background

In many states, government records generally are presumed to be open unless specific exemptions in law prevent their release. In many states, public records laws do not specifically exempt or address mug shots, meaning they may be considered public. For example, a December 2012 Oklahoma Attorney General Opinion concluded that mug shots are open records under the Oklahoma Open Records Act.

Some states' public records laws specifically address booking/arrest photographs or mug shots, such as the following:

  • Minnesota Stat. §13.82 (26) (e.g., provides that a booking photo is public data, but may be withheld if the agency determines that access will adversely affect an active investigation)
  • Virginia Code § 2.2-3706 (e.g., adult arrestee photographs taken during the initial intake following the arrest and as part of the routine booking procedure must be released, except when necessary to avoid jeopardizing an investigation in felony cases)

Other state laws also address the release of mug shots by law enforcement agencies. For example:

  • Haw. Rev. Stat. § 831-3.2(e) (provides that any person entitled to an expungement order hereunder may by written application also request return of all fingerprints or photographs taken in connection with the person's arrest. See also Attorney General opinion regarding the law.)

Related Resources

Legislatures Focused on AI in 2024 | OAS Episode 219

Artificial intelligence is a topic of considerable concern to legislatures and more than 30 states passed AI-related legislation this year. Our three guests on this episode discuss the legislative landscape for AI, and efforts in Alaska and Colorado to pass AI bills focused on consumer protection in the 2024 session.

Technology
Podcast
Loading

  • Contact NCSL

  • For more information on this topic, use this form to reach NCSL staff.