Estimated reading time: 5 minutes
What Is the New York Mugshot Law?
- 1 What Is the New York Mugshot Law?
- 2 Key Provisions of the Law
- 3 Historical Context: Mugshot Misuse and Reform Demands
- 4 How the Law Impacts Online Background Checks
- 5 Who Benefits from the New York Mugshot Law?
- 6 Limitations and Loopholes
- 7 How Mugshots Appear in Background Checks for Criminal Records
- 8 Your Legal Options Under the New York Mugshot Law
- 9 Strategies to Suppress Mugshots That Still Appear Online
- 10 How Remove Arrest Helps New York Residents
- 11 Frequently Asked Questions (FAQ)
The New York mugshot law, formally passed as part of FOIL reforms, limits the release of arrest photos by state law enforcement. The intent is to prevent the exploitation of individuals through online mugshot publication, especially when no conviction occurs.
Under the statute:
- Law enforcement agencies cannot release mugshots to the media or public by default
- Exceptions apply if releasing the photo serves a legitimate public safety interest
- The law covers state police, municipal police, and other New York-based law enforcement entities
These changes were enacted in response to increasing abuse of mugshots by third-party sites and background check providers.
Key Provisions of the Law
- Automatic Withholding of Mugshots Arrest photos are not considered public records under New York’s Freedom of Information Law unless:
- The individual poses an immediate threat to public safety
- Law enforcement can justify public interest in the image release
- Burden of Justification Law enforcement must document why a specific mugshot should be made public.
- Applies to All New York Jurisdictions Including NYPD, State Police, county sheriffs, and transit police
- Non-Disclosure of Booking Information Booking photos cannot be released to mugshot publishing platforms solely upon arrest.
Historical Context: Mugshot Misuse and Reform Demands
Before the passage of the new legislation, mugshots were routinely published by police departments and then scraped by third-party websites. These websites often monetized the photos by charging people hundreds of dollars for removal. The practice led to reputational damage, mental health struggles, and loss of opportunities for people later found not guilty or whose charges were dropped.
Widespread public outrage and investigative journalism campaigns highlighted the harm caused by unrestricted mugshot publishing. Reports of people losing scholarships, job offers, and housing applications due to mugshot search results sparked the push for legal reform.
How the Law Impacts Online Background Checks
What’s Changed:
- Public access to mugshots through state databases is nearly eliminated
- Mugshots no longer appear on official police blotters or daily arrest logs
- Background check companies in New York are limited in sourcing new mugshots
What Hasn’t Changed:
- Mugshots already published before the law’s passage remain online
- Private companies outside New York may still display New Yorkers’ mugshots
- Federal arrests or out-of-state detentions are not covered by the law
The Influence on Employment and Housing Screenings
Despite improvements in the law, mugshots still appear in:
- Third-party background checks conducted by private vendors
- Google Image Search, where cached arrest photos persist
- Archived media, particularly crime beat reporting
Who Benefits from the New York Mugshot Law?
- First-time offenders
- Especially those charged with misdemeanors or low-level crimes
- Acquitted individuals
- Protects those never convicted from lingering reputation harm
- Job seekers and college applicants
- Minimizes unfair bias in background checks
- Minority communities
- Reduces disproportionate targeting and online profiling
- Juvenile arrestees and expunged individuals
- Helps enforce sealed and expunged record protections
Limitations and Loopholes
1. Existing Mugshots Are Not Removed Automatically
The law does not mandate the takedown of previously released mugshots.
2. Private-Sector Websites Still Publish Content
Sites operating outside New York jurisdiction continue to display images from public logs, leaks, or scraping.
3. Local Exceptions May Apply
Counties or municipalities may challenge the law’s interpretation if safety risks arise.
4. No Federal-Level Protection
The law only governs state-level arrests. If arrested by federal agencies, mugshots can still be publicly released.
How Mugshots Appear in Background Checks for Criminal Records
Even under the new law, mugshots can still surface in background reports via:
- Archived media content
- Third-party aggregation (e.g., data brokers)
- Court records containing photo attachments
- Social media posts referencing arrests
Employers, landlords, and universities may still view mugshots via:
- Google image results
- Public forums
- Cached police websites
Your Legal Options Under the New York Mugshot Law
A. File a Request for Removal
If a mugshot appears online despite the new law:
- Contact the hosting website directly with a legal removal request
- Cite New York’s updated FOIL provision
- Provide proof of non-conviction or sealed record status
B. Expungement or Sealing
- Sealed records should not appear on any official databases
- Use sealed status to pressure private sites for removal
C. File a Complaint
- Report abuse to the New York Attorney General’s office
- Submit a complaint through the Federal Trade Commission
D. Work With a Lawyer
Legal counsel may:
- Draft cease and desist letters
- Send DMCA notices if the photo includes copyrighted metadata
- File civil claims for defamation, false light, or privacy violations
Strategies to Suppress Mugshots That Still Appear Online
Step-by-Step SEO Suppression:
- Register a personal domain name (e.g.,
janedoe.com) - Build professional profiles (LinkedIn, Crunchbase, YouTube)
- Publish articles and blog posts regularly using your name
- Use Google schema markup to define identity
- Create image-heavy content to overtake Google Images
{
"@context": "https://schema.org",
"@type": "Person",
"name": "Jane Doe",
"sameAs": [
"https://www.linkedin.com/in/janedoe",
"https://janedoe.com"
]
}How Remove Arrest Helps New York Residents
Remove Arrest offers support for:
- Identifying published mugshots on search engines
- Filing New York-compliant takedown requests
- Suppression strategies to bury lingering arrest content
- Ongoing monitoring to catch reposted photos
Schedule a free mugshot visibility audit to get started.
Frequently Asked Questions (FAQ)
No. It prevents future mugshots from being released but does not require deletion of past ones.
If the site is based in New York and violates state law, legal action may be possible. Out-of-state publishers are harder to regulate.
Not automatically. However, a sealed status strengthens your request for removal.
Google may remove content if it violates privacy policies, but each request must include documentation and justification.
Submit removal and suppression requests
Share documentation proving non-conviction or case dismissal
Contact Remove Arrest for help reclaiming your online image
Yes. Some vendors maintain cached or outdated records. The law limits new access but does not eliminate historical data already sold or archived.
No. Newsrooms retain editorial discretion. While mugshot use is discouraged, First Amendment protections allow media to publish arrest photos if lawfully obtained.