Is It Illegal to Post Someone’s Criminal Record on Facebook?

Estimated reading time: 5 minutes

Are Criminal Records Public Information?

Yes, criminal records are typically public in the United States. Arrest records, mugshots, and court outcomes are available through:

• County and state databases
• Public access terminals in courthouses
• FOIA requests (Freedom of Information Act)

However, just because a record is public does not mean it can be shared without consequences—especially on platforms like Facebook.

What Laws Govern Posting Criminal Records on Facebook?

Sharing someone’s criminal record may involve multiple legal domains:

1. Defamation and False Light

If the criminal information shared is outdated, incorrect, or taken out of context, the poster could be sued for:

• Defamation (if false and harmful)
• False light (even if technically true but misleading)

2. Harassment and Cyberbullying

Repeatedly sharing or tagging someone’s criminal history may be considered:

• Cyber harassment under state statutes
• Doxxing (releasing personal information with malicious intent)

3. Invasion of Privacy

If the record was sealed, expunged, or otherwise protected:

• Posting may violate privacy laws
• States like California and New York offer specific protections for sealed records

4. Intentional Infliction of Emotional Distress

Publicizing someone’s criminal record to humiliate or emotionally damage them could rise to the level of a civil tort.

5. Consumer Reporting Violations

If the shared post is meant to influence employment, housing, or loans, it may be governed under the Fair Credit Reporting Act (FCRA), which limits the use of background data.

What If the Record Is Accurate?

Even if the record is true and public, legal trouble can arise based on why and how it’s shared.

Factors courts consider:

• Intent: Was it to inform or to humiliate?
• Frequency: Is it a one-time post or ongoing targeting?
• Context: Does it imply guilt when charges were dropped?
• Status: Is the person a public figure or a private individual?
• Timing: Was the post shared years after the case ended?

Legal standards are higher for private individuals, especially in non-news contexts.

What Facebook’s Community Standards Say

According to Facebook’s policies, the platform restricts:

• Harassment, bullying, and threats
• Posts that shame or expose individuals
• Sharing private or non-consensual information

Violating these rules may result in:

• Post removal
• Account suspension
• Permanent banning

If you’re the target, report the post through Facebook’s harassment reporting tool.

State Laws That May Apply

For nationwide protections, see the National Cyber Crime Unit for resources.

How to Respond If Someone Posts Your Criminal Record

Step 1: Document Everything

• Take screenshots with timestamps
• Copy the post URL
• Note who commented or shared it
• Use screen-recording tools if you suspect they’ll delete it

Step 2: Report the Post

• Use Facebook’s reporting system to flag the post for harassment or privacy violation
• Include court documents if applicable (e.g., expungement order)

Step 3: Send a Legal Notice

• Send a cease and desist letter through an attorney
• Request platform-level takedown based on state and federal laws

Step 4: File a Complaint

• File with your state Attorney General’s office
• Submit a claim through Facebook’s Data Policy Portal

Step 5: Contact Remove Arrest

If the post links to a mugshot or background report:

• Our team can initiate removal or suppression
• We monitor reposts and notify you if content resurfaces

Request a free reputation audit to see where your record appears.

Suppression Strategies to Reclaim Your Name

When removal fails, suppression is key.

SEO Suppression Tactics:

• Publish a personal website with your name (e.g., janedoeofficial.com)
• Create LinkedIn, Substack, and Crunchbase profiles with complete bios
• Post weekly blog content tied to your name
• Use schema.org markup for name consistency
• Publish YouTube videos with your name in title and description

Engage with Platforms:

• File a DMCA request if the image or text was copied from your own content
• Ask local reporters to publish updates or clarifications if coverage was unfair

Suppression is a long-term strategy, but when done right, it keeps harmful posts buried.

Frequently Asked Questions (FAQ)

Take Action with Remove Arrest

If your criminal record or mugshot is being posted or linked on Facebook, you don’t have to accept the damage. Remove Arrest helps:

• Remove harmful links
• File legal and privacy complaints
• Suppress negative content
• Defend your name across social media and search engines

📞 Schedule your free consultation and start protecting your online reputation.

MLA Citations:

• “Community Standards.” Meta Transparency Center, www.transparency.fb.com.
• “Expungement and Sealing Laws by State.” National Conference of State Legislatures, www.ncsl.org.
• “Criminal Defamation and Online Harassment.” Cyber Civil Rights Initiative, www.cybercivilrights.org.
• “Justice Department Cybercrime Enforcement.” U.S. DOJ, www.justice.gov/criminal-ccips.
• “Facebook Privacy Violations.” Facebook Help Center, www.facebook.com/help.
• “Fair Credit Reporting Act (FCRA).” Consumer Financial Protection Bureau,