Legality of Mugshot Publishing: Know Your Rights & Removal Paths

Estimated reading time: 5 minutes

The Legal Status of Mugshot Publishing in the U.S.

Mugshots are considered public records in most states. That means websites can legally post them online. However, some states have enacted laws that limit or outright prohibit the monetization and abuse of mugshot publishing.

Key legal considerations include:

• Freedom of Information laws
• State-specific consumer protection statutes
• Defamation and privacy torts

The difference between legal and illegal mugshot publishing often comes down to what a site does with the photo—not just the act of posting it.

Many courts are also reevaluating public interest versus privacy rights when mugshots are used long after a case is closed. Legal scholars argue that outdated mugshots may qualify as involuntary public figures and deserve protections under evolving interpretations of privacy law.

How Mugshots Get Online

Booking and Public Record Process

1. Individual is arrested and booked
2. Police department uploads the mugshot to a database
3. Mugshot aggregator sites scrape and repost this data
4. Google indexes the mugshot

Many sites are updated hourly and operate automated crawlers, making removal harder the longer the content stays online.

Who Publishes Them?

• Local sheriff and police websites
• Mugshot aggregators (publicrecordsnation, arrest.org, mugshots.zone)
• News outlets covering crime
• Data broker and people search sites

These mugshot publishers typically monetize the data through advertising, traffic farming, and, in some cases, direct payment for removal. This commercial aspect is where most legal controversy arises.

Mugshot Removal Laws by State

Here’s a breakdown of some of the most mugshot-aware state laws:

Reference: NCSL Mugshot and Expungement Law Resource

Some additional states have introduced bills addressing similar concerns, especially targeting mugshot sites that resurface removed images. Always consult your state’s most recent legislation.

When Mugshot Publishing May Cross the Legal Line

1. Extortion or Coercion

If a site demands money for removal, it may violate state extortion laws. Several lawsuits have found these practices predatory and exploitative.

2. Defamation

If your mugshot is published with false statements or implications, you may have a case for defamation. Even truthfully reported arrests can become defamatory if paired with misleading language.

3. False Light Invasion of Privacy

Publishing true but misleading information in a way that damages reputation may be grounds for a tort claim.

4. Outdated or Expunged Information

Continuing to publish mugshots after records are expunged or sealed may violate:

• Privacy laws
• Fair credit reporting laws
• Fair use of public information standards

5. Violation of State Removal Statutes

Some states require removal upon request if:

• You were not convicted
• The charges were dismissed
• You can show the record was expunged

Keep legal documents ready, especially court orders for expungement or case dismissal.

If a site fails to comply, you may be entitled to statutory damages or can escalate to a court filing.

How to Remove Mugshots Under State Laws

Step-by-Step Legal Removal Process:

1. Obtain certified documents: Court order of expungement, dismissal, or sealing
2. Identify sites publishing your mugshot
3. Submit takedown request under state law with legal documentation
4. Wait for site response (30 days in many states)
5. File complaint with the State Attorney General or FTC if ignored

Also notify hosting platforms and domain registrars when sites remain noncompliant, especially if their actions breach terms of service or state law.

Sample Takedown Request:

To Whom It May Concern,

I am formally requesting removal of my mugshot published at [URL] based on [State] law. My arrest record was expunged on [Date], and I’ve attached a certified court order.

Please confirm removal within the statutory timeline.

Sincerely,
[Your Name]

Role of Google in Mugshot Visibility

Google does not host content, but it indexes it. You can request removal via:

Google Content Removal Request

Use: Google Removal Tool

Reasons Google may de-index mugshots:

• Page is no longer live
• Legal orders
• Personally identifiable information violations
• Expunged or outdated content

Remove Outdated Content Tool

This removes cached versions of removed pages or images: Google Outdated Content Tool

De-indexing won’t erase the image from the original website, but it will make it much harder to find.

SEO Suppression as a Legal Workaround

When legal takedowns fail, search engine suppression offers another option.

What Is Suppression?

Creating optimized, high-authority content to push mugshot listings off page one.

Key Steps:

1. Register your name as a domain: e.g., yourfullname.com
2. Create content on LinkedIn, Medium, YouTube, and Substack
3. Publish press releases through EIN or PR Newswire
4. Use schema markup and consistent branding
5. Gain backlinks through guest posts and media mentions

A suppression strategy helps rebuild your online reputation while making mugshot listings less visible to employers, family, and clients.

What to Avoid When Attempting Removal

• Never pay for mugshot removal from sites that violate state law
• Do not threaten websites without legal documentation
• Avoid contacting websites with emotional or hostile language
• Don’t ignore monitoring tools (Google Alerts can help track appearances)
• Don’t use fake names or misleading information to suppress content (Google penalizes this)

Rely on legal facts, professional language, and persistent follow-up to navigate removals successfully.

FAQs: Mugshot Removal Laws & Your Rights

MLA Citations:

“Your Rights to Removal Under State Law.” Privacy Rights Clearinghouse, www.privacyrights.org.

“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.

“Mugshots and the Law.” American Bar Association, www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/criminal-justice/criminal-record-clearing/.

“Remove Outdated Content.” Google Search Console, search.google.com/search-console/remove-outdated-content.

“Removal Policies.” Google Support, support.google.com/websearch/answer/9673730.