Is It Illegal to Post Someone’s Criminal Record Online? What the Law Says in 2025

Understanding the Basics of Public Records

What Are Criminal Records?

Criminal records refer to documentation of an individual’s interactions with law enforcement and the justice system. This includes:

• Arrest records
• Mugshots
• Convictions
• Sentencing and parole details
• Probation and supervision reports
• Court documents and dockets

These records are often compiled and maintained by law enforcement agencies, courts, and corrections departments.

Are Criminal Records Public Information?

Yes, most criminal records are considered public under Freedom of Information laws. However, “public” doesn’t mean unrestricted. The manner, intent, and jurisdiction heavily influence whether sharing them online is legally permissible.

Public access was originally intended for transparency and safety, not for humiliation or financial exploitation. That’s why courts are increasingly limiting online dissemination.

Legal Framework: Is It Illegal to Post Someone’s Criminal Record Online?

The Short Answer: It Depends

The legality of posting criminal records depends on multiple factors:

• Jurisdiction (State laws differ)
• Purpose of posting
• Whether the record has been sealed or expunged
• Whether the post causes reputational or financial harm

Federal Laws

There is no blanket federal law that criminalizes posting publicly available criminal records online. However, overlapping regulations exist:

• Fair Credit Reporting Act (FCRA): Prohibits misuse of records by consumer reporting agencies.
• Communications Decency Act (Section 230): Offers liability protection to platforms but not to individuals who upload content maliciously.
• Defamation Law: Posting false or misleading criminal information can lead to civil lawsuits.

State Laws to Know

Different states have enacted laws to target abuse of criminal records online:

• California: Penal Code §30.8 prohibits using mugshots for extortion or pay-for-removal schemes.
• Illinois: The Mugshots Act makes it illegal to charge for removing booking photos.
• Georgia: Requires mugshot sites to remove data within 30 days upon request if charges were dropped.
• New York: Declares non-newsworthy posting of mugshots as potential harassment.

Visit the National Conference of State Legislatures for current law by state.

Expunged or Sealed Records: A Legal Red Flag

What Does Expungement Mean?

Expungement is the process of legally erasing or obscuring a criminal record. Once expunged, the record is no longer accessible to the public or appears on background checks.

Sealing a record means it’s hidden from most public view, but may still be available to certain legal or government entities.

Posting these records online:

• Violates state expungement statutes
• Can result in civil lawsuits
• May incur fines or criminal penalties

If you find your sealed or expunged record online, act quickly to file a removal request.

Intent Matters: Informative vs. Malicious Sharing

Posting a record to inform is not the same as doing it to harass.

Examples of Legal Sharing:

• Credentialed journalists reporting on newsworthy arrests
• Academic research using anonymized data
• Public safety announcements

Examples of Illegal or Risky Sharing:

• Doxxing (revealing identity maliciously)
• Publishing false allegations alongside real records
• Posting mugshots to solicit removal fees
• Targeted harassment or employment sabotage

Courts often consider context, frequency, and impact when judging intent.

How Mugshot Websites Operate

The Business Model

Mugshot sites scrape arrest information from sheriff databases or court dockets. Then, they:

• Index mugshots by name for high search visibility
• Monetize the traffic through ads
• Offer removal for a fee (often hundreds of dollars)

This predatory model harms reputations and profits off shame.

Legislation Cracking Down

• The Mugshot Removal Act (state-level versions): Prohibits charging for removals
• FTC Investigations: Some sites have been sued for unfair business practices
• Google’s 2013 Algorithm Update: De-ranked mugshot domains to reduce visibility

Despite progress, many sites still operate in legal gray zones, especially overseas.

Protecting Yourself From Harmful Exposure

Your Rights If Your Record Is Posted

• Right to privacy: Especially if sealed/expunged
• Right to correction: If the info is outdated or wrong
• Right to removal: You may demand takedown under state or federal laws
• Right to sue: When posts violate your legal or constitutional rights

How to Request Removal

1. Document the URL and capture a screenshot
2. Submit a formal takedown to the site owner
3. File a complaint with your state attorney general
4. Send a Google removal request
5. Consult a privacy attorney or work with Remove Arrests

How Remove Arrests Can Help

At Remove-Arrests.org, we specialize in:

• Arrest record suppression
• Mugshot removal services
• Search engine de-indexing
• DMCA and legal takedown strategy

We partner with legal professionals to ensure:

• Sealed/expunged records are enforced
• Unlawful content is reported and removed
• Your name is cleared from harmful databases

Take back control of your online narrative.

“Don’t let a past mistake define your future.”

How to Check If Your Criminal Record Is Online

Steps to Search:

1. Google your name + city/state + keywords (“arrest,” “mugshot”)
2. Search county court or sheriff’s department websites
3. Use people search engines:
   • BeenVerified
   • Spokeo
   • Pipl
4. Check the dark web with privacy monitoring tools

Red Flags

• Multiple mugshots posted
• Sites demanding money for removal
• Records from dropped or dismissed cases still visible
• Your name appearing in unrelated criminal records

Can You Legally Sue Over Online Criminal Record Exposure?

Yes. You may have a case if:

• The record is outdated or incorrect
• It was expunged or sealed
• The posting causes job loss, mental distress, or reputational harm

Legal Grounds:

• Defamation: If false or defamatory claims are attached
• Invasion of privacy: Especially sealed/expunged records
• IIED: Intentional infliction of emotional distress
• Civil rights violations: When discrimination follows the posting

Contact a lawyer to assess your eligibility for damages or injunctions.

Best Practices for Employers, Landlords & Background Screeners

If you handle criminal records for hiring, leasing, or screening:

• Comply with FCRA and local laws
• Never use mugshot websites as a background check source
• Offer applicants a chance to correct errors
• Follow ban-the-box guidelines

Misuse of arrest info can lead to:

• EEOC investigations
• Class-action lawsuits
• Revoked licenses or state fines

Learn more via the EEOC’s guidance.

Future Outlook: Criminal Record Privacy in 2025 and Beyond

• Automatic record sealing: More states are adopting this policy for non-violent offenses
• Stronger federal oversight: To protect consumer rights
• AI tracking: Services that alert you to new posts about your name
• Push for national expungement standards: Unifying disparate state laws

Public attitudes are shifting in favor of second chances and data dignity.

FAQ: Is It Illegal to Post Someone’s Criminal Record Online?

Is it always illegal to post a criminal record?

No. It depends on the jurisdiction, the status of the record, and your intent.

Can I request my mugshot be removed?

Yes. Especially if charges were dropped, or the record was sealed or expunged.

Are mugshot websites legal?

Some are. But many violate privacy laws or operate in bad faith.

What if my record was posted maliciously?

You may be able to sue for defamation, invasion of privacy, or emotional distress.

How long do mugshots stay online?

Indefinitely—unless removed by request, court order, or suppression service.