Can You Legally Refuse a Mugshot?

The Short Answer:

In most cases, no—you cannot legally refuse a mugshot.

Once you are in custody and are formally booked, submitting to a mugshot is typically mandatory under state and federal law. Refusal to cooperate may result in additional charges or delay in processing.

When Mugshots Are Legally Required

Arrest Booking Protocol:

Most U.S. jurisdictions require the following steps during booking:

Personal information collection
Photographing (mugshot)
Fingerprinting
Recording the charges

Failure to comply may lead to:

Additional charges for obstruction
Detainment until cooperation
Court orders mandating compliance

Federal Law Enforcement

Federal agencies follow protocols outlined by the Department of Justice. Individuals arrested by federal authorities are photographed without exception during intake.

Are There Exceptions to Mugshot Requirements?

1. Citations Without Arrest

If you are issued a citation or summons and not formally booked, no mugshot is taken.

2. Juvenile Arrests

Juvenile mugshots are generally protected from public disclosure and may not be taken depending on the jurisdiction.

3. Court-Sealed Cases

In rare situations where the case is sealed immediately (e.g., by court order), mugshot capture may be bypassed.

4. Police Discretion

Officers may occasionally exercise discretion and forego mugshot photography for minor, non-violent offenses—though this is not guaranteed.

See U.S. DOJ guidelines on booking procedures

What Happens If You Refuse a Mugshot?

Refusal may be considered:

Obstruction of justice
Non-compliance with police procedure
Grounds for denial of release

Law enforcement may:

Use physical force to take the photo
Charge you with additional misdemeanors
Document your resistance as part of the arrest report

Public Record vs. Privacy Rights

Even if a mugshot is legally taken, whether it becomes public depends on state law.

States That Restrict Public Mugshot Access:

State	Mugshot Privacy Protections
California	Public access restricted unless safety-related
New York	FOIL updates removed mugshots from open records
Utah	Removal required after expungement
Oregon	Prohibits mugshot profiteering
Georgia	Must remove within 30 days post-request

Reference: National Conference of State Legislatures

In states without privacy protections, your mugshot may be posted online within 24–72 hours, indexed by Google, and shared by mugshot aggregator sites.

Mugshot Publishing and Online Exposure

While you may not legally refuse a mugshot, you can act quickly to prevent long-term exposure.

How Mugshots Get Online:

Scraped from law enforcement databases
Published by mugshot websites (e.g., mugshots.zone)
Indexed by Google Images and search results
Shared on news sites, even for dropped charges

How Long It Takes:

Booking to site: 1–3 days
Indexing by search engines: 24–72 hours after posting

How to Remove or Suppress a Mugshot

1. File a Removal Request with the Website

Provide:

Expungement order
Proof of dismissal
Valid ID (with sensitive info redacted)

2. Submit to Google De-Indexing

Use the Google Removal Tool to request:

Search result removal
Image removal
Outdated content clearance

3. SEO Suppression Strategy

Build content that ranks higher than your mugshot:

Register yourname.com
Create LinkedIn and Substack profiles
Publish blog posts, press releases, and YouTube videos

4. Contact Law Enforcement Agency

Request discretionary takedown if:

Charges were dropped quickly
Your arrest was mistaken or wrongful

When Remove Arrest Can Help

Even though you can’t refuse a mugshot, you can refuse to let it define you.

Remove Arrest helps you:

Legally remove mugshots where permitted
Suppress arrest photos from search engines
Monitor and manage reputation exposure
Fight back against unjust online publishing

Get a free mugshot suppression plan tailored to your arrest record and jurisdiction.

Frequently Asked Questions (FAQ)

Is refusing a mugshot a constitutional issue?

No. Courts have routinely upheld that booking photographs are a procedural necessity and not a violation of constitutional rights.

Can a mugshot be taken without my consent?

Yes. Consent is not required during the booking process, as it’s a lawful part of arrest procedure.

Are mugshots protected under First Amendment rights?

While media outlets may publish mugshots under the First Amendment, some states restrict commercial exploitation of mugshots for profit.

Do all police departments upload mugshots online?

No. Some departments post them automatically, while others only release them upon request or under special circumstances.

How does having a mugshot online affect my job prospects?

It can severely impact employment opportunities, especially if it appears prominently in search results. Many employers conduct online searches before hiring.

Can I refuse a mugshot if I haven’t been convicted?

No. Mugshots are taken at the time of arrest—not conviction. Refusing can result in penalties.

Are mugshots always public?

Not always. It depends on your state’s transparency and privacy laws.

Can I delete my mugshot after expungement?

In many states, yes. You can request deletion or de-indexing with court documents.

What if I never went to jail but still have a mugshot online?

It’s still possible if you were booked, even if released the same day. You’ll need to follow removal procedures.

How fast can Remove Arrest help?

We begin same-day action plans and often submit legal and SEO requests within 24 hours.

MLA Citations:

“Expungement and Sealing of Criminal Records Statutes.” National Conference of State Legislatures, www.ncsl.org/research/civil-and-criminal-justice/expungement-and-sealing-of-criminal-records-statutes.aspx.
“Booking and Arrest Procedures.” United States Department of Justice, www.justice.gov/jm/jm-9-10000-organized-crime-and-gang-section.
“Remove Personal Information from Google.” Google Support, support.google.com/websearch/troubleshooter/3111061.
“Your Privacy and Mugshots.” Privacy Rights Clearinghouse, www.privacyrights.org.
“Public Access to Arrest Records.” Electronic Frontier Foundation, www.eff.org/issues/mugshots.

What Is a Mugshot and Why It’s Taken