Estimated reading time: 5 minutes
Table Of Content
Mugshots and Public Access: What You Need to Know
The public often assumes that every arrest leads to an online mugshot. Yet countless individuals search for booking photos only to find… nothing. So, why are some mugshots not online while others are widely circulated?
The answer lies in a complex mix of law enforcement discretion, privacy rights, legal protections, and differences in state-level transparency laws.
Top Reasons Mugshots May Be Missing Online
1. State Law Prohibits Public Release
Some states have passed laws explicitly restricting the public availability of mugshots. This is often to prevent:
- Harassment or extortion through mugshot websites
- Misuse of arrest data before conviction
- Long-term reputational harm for minor offenses
Examples of restrictive states include:
- California: Under Cal. Gov. Code §6255.1, law enforcement must not post mugshots online unless public interest outweighs privacy concerns.
- New York: The state attorney general ruled that mugshots are not subject to public disclosure under FOIL (Freedom of Information Law).
- Illinois: Legislation bars websites from charging fees for mugshot removals.
For a full state-by-state breakdown, consult NACDL’s mugshot laws resource.
2. Arrest Photo Withheld Due to Ongoing Investigation
If someone is arrested as part of a broader criminal probe or high-profile case, their photo may be intentionally withheld. Law enforcement may restrict release to:
- Protect the integrity of ongoing investigations
- Prevent media interference with witness testimony
- Avoid tipping off other suspects
3. Juvenile Records Are Sealed
Juvenile offenders enjoy greater protections than adults. If the arrestee was underage at the time, their mugshot is typically:
- Sealed from public view
- Protected under state and federal privacy laws
- Automatically expunged upon reaching adulthood (in some jurisdictions)
4. The Arrest Was Expunged or Sealed
Individuals who successfully petition the court to seal or expunge their arrest may have all associated records, including mugshots, removed from public databases.
This explains why some mugshots are missing online even though a past arrest occurred.
5. The Person Was Never Formally Charged
In many cases, an individual is arrested but never formally charged with a crime. Police departments and courts may opt not to release booking photos when:
- Charges are dropped before arraignment
- The arrest was due to mistaken identity
- The incident was minor and resolved quickly
Legal Definitions: Are Mugshots Public Record?
Mugshots are typically part of an individual’s booking record, which is considered a public record in most states. However, the release and online posting of mugshots depend on a combination of:
- State public records laws
- Law enforcement agency policies
- Freedom of Information Act (FOIA) interpretations
“Public record doesn’t always mean publicly accessible online.”
The U.S. Department of Justice clarified in 2016 that booking photos are no longer routinely released by federal agencies. You can read the policy in full on the U.S. Marshals Service Resources Page.
Platforms That Publish Mugshots (and Why Yours Might Not Be There)
Common Mugshot Sources:
- Local Sheriff’s Office websites
- Arrest record aggregators (e.g., county jail databases)
- Court docket platforms
- Data brokers
- News media outlets
Reasons Mugshots Don’t Appear on These Sites:
- The site removes old data on a rolling basis
- The arrest was in a jurisdiction that doesn’t publish photos
- The person filed a successful mugshot removal request
- Errors or missing records in aggregation feeds
If you’ve ever wondered, “why can’t I find a mugshot?”, the issue may be one of omission, legal restriction, or prior removal efforts.
How Privacy Laws Affect Mugshot Availability
A growing number of states have recognized the harm of widely available booking photos. This has led to sweeping legislative reform.
Mugshot Privacy and Expungement Laws
- Utah and Colorado require automatic sealing of dismissed or acquitted charges
- Florida mandates mugshot removal within 10 days if requested by someone whose charges were dropped
- Georgia allows individuals to request removal from government-run websites under OCGA 35-1-19
Check your local jurisdiction’s policies at National Conference of State Legislatures.
Real-World Examples: When Mugshots Stay Offline
Case 1: High-Profile White-Collar Arrest
John, a financial executive, was arrested during an insider trading probe. Due to the nature of the ongoing federal investigation, law enforcement withheld his mugshot to avoid media frenzy and protect the integrity of cooperating witness testimonies.
Case 2: Expunged DUI Arrest
Samantha had a misdemeanor DUI expunged five years after her arrest. While court dockets still referenced the case, her mugshot no longer appeared on search engines or arrest sites because she petitioned the court for record sealing.
What to Do If You Want Your Mugshot Removed
If your arrest photo is still online and harming your reputation, it’s not too late to act. Whether your mugshot was:
- Publicly posted
- Indexed by Google
- Shared on social media
You may be eligible to remove it depending on your state, arrest outcome, and the website’s policies.
Steps to Take:
- Determine the Source: Use Google reverse image search or inspect page metadata
- Submit a Removal Request: Some websites have opt-out forms
- Send a Cease & Desist Letter: If legally justified
- Request Expungement: If eligible
- Hire Professionals: Work with a reputation management company like Defamation Defenders
How Defamation Defenders Can Help
Defamation Defenders specializes in:
- Mugshot removal from high-authority websites
- Search result suppression to bury damaging links
- Reputation monitoring to detect reuploads or redistributions
- Content removal under court orders and privacy laws
We work with legal teams and technical experts to:
- Identify every appearance of your mugshot online
- Petition search engines and hosting platforms for removal
- Submit legal documentation when necessary
Contact us today for a free mugshot removal consultation.
Frequently Asked Questions (FAQ)
Because it may be sealed, unpublished, or legally restricted by the arresting agency or the state.
No. Many jurisdictions choose not to publish mugshots unless there’s a compelling public safety reason.
They’re often considered public record, but that doesn’t mean they’re publicly posted or accessible on the internet.
You can often request your mugshot be removed or sealed, especially if your state has laws favoring expungement.
Yes, under certain conditions. A court order, proof of expungement, or violations of Google’s Content Removal Policies may be grounds.
It depends. If they refuse removal despite legal justification, or profit from extortionate takedown fees, you may have grounds for legal action.
Rarely. The DOJ limits public release of mugshots for federal arrests unless it serves a compelling public interest.
Related Contents:
