Why are mugshots public

In most cases, the picture is just public data to which there is no right of privacy under the law. It was believed that the publicity would help protect people.

And it does when you have a country that likes to hide what it is up to. But, it also can cause harm in a modern society like ours, where such things end up on the web and can cause permanent damage. Unfortunately, it is a bit of a catch We have the right to know issues and free speech rights smack up against privacy rights and serious damage of reputation for people who have not been convicted of a crime.

For this reason, releasing a mugshot is usually up to a law-enforcement agency that has jurisdiction. The mugshots of celebrities are usually easy to find when compared to the mugshots of ordinary individuals. At the same time, people that have committed a serious crime will usually have their mugshot circulating in newspapers and online more than a person that has criminal charges that are less significant.

A juvenile that has a criminal record will typically be sealed from the public and expunged completely once they reach the age of 18, might have their mugshot released to the public when they have committed a felony offense that is serious that has resulted from the person being charged once they are an adult.

It is common for the police to either withhold or seal information in cases still under investigation. Or during an internal investigation involving police misconduct. In , a federal appeals court found that criminal defendants didn't have a privacy interest in their booking photos. The court held that booking photos of defendants who had appeared in court during ongoing proceedings had to be released pursuant to the Freedom of Information Act.

In , the same court overruled that decision, stating that people do indeed have a "non-trivial privacy interest in their booking photos. United States Dep't of Justice , F. Further, as a Pew Charitable Trusts article tells, at least a few people have sued over the continued display of their mugshots. State law is sometimes behind such a plaintiff, as where a statute makes it illegal for mugshot websites to charge people to remove their photos from those sites. The article explains that one potential downside of that kind of ban is the loss of an effective way for people to get their photos taken down.

Along similar lines, a law in Utah, for example, prohibits county sheriffs from providing a booking photo to anyone who requests the photo and will publish it or post it online and charge a fee to remove it.

Utah Code Ann. Also, a law in Oregon applies to anyone who operates a booking-photo website and charges to have a photograph and the name and personal information of the person in the photo removed.

It applies where there's a written request to remove the photo and the request has documentation showing that the charges related to the arrest didn't result in a conviction, were reduced to "violations," or resulted in conviction but were expunged or set aside.

In this kind of situation, the website operator must remove the photo and related name and personal information from all its websites—for free and within 30 days of the request.

While the second kind of law doesn't protect people who have actually been convicted of a crime, it does provide protection to many people, including those whose guilt was never proven beyond a reasonable doubt or whose names were cleared. Despite the kinds of reform noted above, many people continue to suffer from their mugshots being posted online. Their struggle has inspired other ideas, like law enforcement agencies stepping in and using copyright law to get mugshots off websites.

Potential solutions to the problems posed by mugshot websites may sometimes lie outside the law. According to a New York Times article , some credit card companies and Paypal stopped processing payments to mugshot sites.

Without a way to make money, the hope was that these sites would simply shut down. But if even one credit card company continues to process payments, the sites have an incentive to keep posting. And such websites can make money from advertisements even if they can't charge to take photos down. Google has reportedly made changes so that mugshot sites wouldn't appear so prominently when a person's name is searched.

At least 15 states introduced or considered legislation. Legislation was enacted in Colorado , Georgia , and Wyoming in California S. Colorado H. Act Prohibits an arresting law enforcement agent or agency from posting booking photographs to or on a website except as required for publication and for the State Sexual Offender Registry; prohibits providing a copy of a booking photograph in any format to a person requesting photograph if booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; provides requirements for persons requesting a booking photograph.

Prohibits a person from using a booking photograph for a commercial purpose if that photograph will be posted in a publication or on a Web site, and the removal of the booking photograph requires the payment of a fee or other consideration; defines booking photograph; includes the misuse of booking photographs as a violation.

Relates to criminal records; Minnesota H. Missouri H. Requires a person publishing an arrest booking photograph on his or her internet website to remove such photograph upon the request of the individual whose photograph was published. Current law does not specifically address the availability of mugshots to the public. Instead, decisions on whether to release mugshots are left to the discretion of investigative agencies, allowing inconsistent policies on the release of these records to be applied throughout the State.

This bill would provide a uniform policy that all mugshots are to be made available to the public. North Carolina S. South Carolina S. Wyoming S. Chapter 98 Relates to trade practices; provides for removal of arrest photographs from websites as specified; provides for penalties; provides for an effective date. Since , several states have considered or passed legislation related to the release of booking photographs or mug shots, including legislation that requires removal of mug shots if criminal charges are dropped or prohibits charges for removing photographs.

At least nine states and the District of Columbia introduced legislation in Georgia, Illinois, Oregon, Texas and Utah enacted legislation. Criminal Record Information; Defines "criminal record information"; prohibits person engaged in publishing or otherwise disseminating criminal record information from soliciting or accepting payment of fee or other consideration to remove, correct, or modify such information H. Relates to websites containing information concerning persons charged with crimes; requires that operators of websites containing personal information of persons charges with crimes remove person's name and information within specified period after notice that person is acquitted or charges are dropped or otherwise resolved without conviction; provides civil penalty; provides for presumption of defamation.

Provides that it is an unlawful practice for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept the payment of a fee or other consideration to remove, correct, or modify said criminal record information. Defines "criminal record information". Makes conforming changes. Exempts mugshots of arrestees who have not been convicted of the underlying offense from State's open public records law.

Oregon H. Chapter No. To Senate Committee on Judiciary. Relates to the destruction of records where charges have been dismissed; provides that a person or entity who publishes on the person or entity's publicly available website a mug shot of a person whose charges have been discharged, dismissed, or the person has been found not guilty, shall, without fee or compensation, remove the mug shot from the person or entity's website within thirty days of the person sending a written request to the person or entity.

South Dakota H. Provides that criminal booking photos and police logs are open records. Relates to certain business entities engaged in the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; provides a civil penalty. Provides an avenue to dispute records. Utah H. District of Columbia B. Requires the Metropolitan Police Department to release photographs of arrested individuals to the public.

Louisiana S.