Are Mugshots Public Domain in the United States?

If you’ve ever wondered, “Are mugshots public domain?” this guide will help you understand why your mugshots are online and how you can get them removed once and for all.

If law enforcement agencies arrested you for any reason, they likely collected and shared your mugshots and arrest details.

Those agencies often release your mugshots and arrest records on their official websites. From there, mugshot sites republish your arrest photographs and other arrest information on their own databases.

When search results show your mugshot, your online reputation and privacy can suffer.

In our guide below, we explain why mugshots fall under the public domain. We also answer your pressing questions about why your mugshots appear online and how to remove them.

Along with our parent company NetReputation, OnlineReputation.com provides information and services to help you protect your digital presence. Get started with a free online reputation analysis here.

What Is the Public Domain?

The term “public domain” is not defined by copyright statutes, although it is common in copyright law and claims.

Generally, “public domain” refers to records, creative works, or content that copyright law does not protect. This includes:

• Works where the copyright has expired.
• Works produced by the United States government, state law enforcement officials, or local entities.
• Works lacking a valid copyright notice before March 1989.
• Works that are not specifically original, such as records republished or copied from public records or government documents.

Mugshots may or may not be part of the public domain.

Federal government guidelines automatically place mugshots produced by federal agencies in the public domain. However, state or local agencies govern the documents, records, and images they produce under local laws.

Many states have passed laws governing the sharing or distribution of certain public records, including mugshots, arrest photos, arrest records, and criminal records.

Why Do Law Enforcement Agencies Post Mugshots Online?

Police departments or sheriff’s offices take booking photographs, commonly known as mugshots, during arrest and booking.

After an arrest, agencies publish arrest records and booking photos online.

Why do government agencies do this? Often, they have no choice. Historically, they treated mugshots as open records to promote government transparency. Certain open records laws, such as Florida’s “Sunshine” law, require all public records to be collected and shared online. For example, Illinois law generally allows mugshots to be public unless sealed. Agencies may withhold them if releasing the photos could interfere with ongoing investigations.

Also, all works produced by federal agencies automatically enter the public domain. Agencies like the Federal Bureau of Investigation and the Drug Enforcement Administration must share each photo and record collected for law enforcement purposes.

What Federal Law Enforcement Agencies Say About Online Mugshots

Federal agencies face more limits on posting booking photos, mugshots, arrest records, criminal records, and other information online. Copyright law does not cover criminal and arrest records. Federal agencies share some records publicly, but federal law exempts booking photos of pretrial detainees from mandatory disclosure. However, federal mugshots may be released if the individual is an active fugitive.

These federal agencies cannot control what states or local entities do with arrest details, mugshots, or other records. Still, as long as states follow privacy laws, police photos and images collected during arrests usually become public.

How Did My Arrest Photos Get Published to Mugshot Websites?

Mugshots often appear in unexpected places online. Why are your mugshots online, and how did they get there? Three main ways explain how mugshots, arrest records, and criminal records reach the web.

1. State Public Records Act

Whenever you interact with a government agency, official records of that interaction may become public records. Typically, civil and arrest records collected by federal, state, or local agencies become public due to public records laws. Under the state public records act or similar rules, Texas treats mugshots as public records; California permits discretionary release; Alaska allows disclosure unless privacy is at risk. Florida mugshots are public unless they are considered exempt criminal intelligence; Georgia restricts release to prevent commercial exploitation; and Illinois requires release within 72 hours of arrest unless a sealing statute applies.

Nearly every agency that captures and processes criminals, including local police departments, publishes mugshots online as part of the public record, often including the arrest or booking date.

When a federal or local law enforcement agency publishes your mugshot, it follows public domain requirements.

2. Data Aggregators and Data Brokers

Once government agencies distribute public court, arrest, and criminal records, as well as other information, digitally, the data spreads quickly. People-finder websites, also known as data brokers or data aggregators, contribute significantly to this viral spread.

Data aggregators use automated tools to scrape publicly available records from government databases. They then republish this information on their websites.

Some data brokers specialize in state law enforcement records. Others target records from federal law enforcement agencies like the FBI and federal prisons, county sheriff’s office records, or local and state police files.

Data brokers may offer free access to public information or charge fees for in-depth records. Some predatory mugshot websites charge fees to remove listings, prompting anti-extortion legislation. In either case, potential employers conducting background checks may discover your past — including arrest information, mugshots, and criminal histories — even if you were wrongfully arrested.

3. Mugshot Websites

Mugshot websites are data broker sites that republish public domain information on their own platforms. Unlike general data broker sites, mugshot sites focus on arrest records, criminal history, and related data.

These websites have grown very popular. Many began by posting celebrity mugshots. Later, they expanded to include criminal charges of average people arrested or detained by law enforcement.

Some sites only post mugshots. Others include criminal history, arrest and court records, or private personal information. If one site gets your booking information and arrest photos, those mugshots may appear on multiple websites.

Why Are Mugshots So Popular?

The internet loves crime stories, making mugshot websites very popular. Because they attract much web traffic, these sites rank near the top of search results. Google Ads or other advertisements on these sites generate revenue. This gives site owners an incentive to keep posting booking photos — even of innocent people.

Each mugshot site uses various strategies to justify publishing mugshots and arrest records. Often, they cite new media rights such as the Freedom of Information Act, public-interest rights, and First Amendment-protected free speech to share embarrassing images.

One mugshot can start the chain. Soon, other mugshot websites pick up your embarrassing arrest photo. Your digital reputation suffers, and you may struggle to rebuild trust.

Today, online reputation management matters more than ever. Get started with a free analysis here or explore our services offered through our parent company, NetReputation.

Getting Your Mugshot Removed From Mugshot Websites

Even though mugshots usually belong to the public domain, certain rules govern how people use and share them and how you can get them removed. Because mugshots belong to the public record, they remain there until you take action to remove them.

You can try three ways to get your mugshot taken down.

1. Reach Out to Each Online Database

Identify where your mugshot appears online, then contact each mugshot website owner to request removal. Start with a written request. In it, explain why you want your mugshots removed and support your claim convincingly.

Most mugshot websites honor removal requests if the requester shows a valid reason or government documents proving charges were dropped. Valid reasons include personal privacy concerns, violations of privacy law, or the expungement of criminal charges.

2. Expunge Your Criminal History and Adult Arrest Records

Expungement, or expunction, is a court-ordered process that removes or limits public access to a person’s arrest reports, criminal record, or mugshot images. Sealing restricts access but does not erase the record. Expungement and sealing are distinct legal remedies, and exemption and disclosure rules vary by state.

You or your attorney can apply to expunge records or seal your case. Usually, eligibility depends on charges being dismissed or pardoned. You typically request this through a court order and may need legal help, including assistance with filing paperwork. If statutory conditions are unmet, the court may deny the request.

After expungement, your online mugshot can be removed from government agencies’ records and public databases. Then, the law requires mugshot websites to remove your mugshots or face civil penalties, such as fines or loss of service. Sealing mainly restricts access rather than deleting records. You usually cannot force police to delete a mugshot without expungement.

3. Hire a Mugshot Removal Team

Alternatively, hire a mugshot removal company to identify specific pages that show your mugshot before seeking removal. Leading companies use proven strategies to permanently remove your booking photos.

These services include:

• Advanced tactics to locate arrest records
• Formal removal requests
• Digital Millennium Copyright Act (DMCA) takedown notices
• Terms of Service (ToS) violation notices to internet service providers (ISPs)

They also help track duplicate postings and coordinate outreach across sites related to the same case.

Some of the best mugshot removal companies use online reputation management strategies. They remove mugshots and restore damaged reputations simultaneously. With comprehensive services, you can clear your name and regain pride in your digital footprint.

Contact OnlineReputation Today

OnlineReputation leads the online reputation management industry with valuable information resources. Our guides explain what you need to choose the right services for your reputation, including arrest records and mugshot removal.

Removing your mugshot from the internet can feel complex and frustrating. Our state-specific mugshot removal law guides and other resources simplify your options and help you make informed decisions.

To learn more about your mugshot removal options, call our office today at 844-230-3803 for a free consultation.