Can You Legally Sue for the Publication of Your Mugshot on Commercial Sites?

March 11, 2025 Legal Tips

Mugshots are more than booking photos—they can affect a person’s reputation for years. Published on commercial websites, these images appear in search results, causing long-term damage to one’s image. A mugshot is taken by law enforcement when someone is arrested for a crime. It helps identify suspects and track their background. These images are typically public records and can be found online, often shared on commercial mugshot sites that capitalize on their visibility. Although mugshots serve a role in the criminal justice system, they raise privacy concerns. Anyone searching online—employers, friends, or guests—can view them, which can harm a person’s reputation and career.

Even after charges are dropped or someone is found innocent, these photos can remain online for years, especially if tied to minor offenses or wrongful arrests. Many individuals don’t realize their mugshots are online until they search their name or undergo a background check, further damaging their reputation.

What Are Mugshots Used For?

Mugshots are used in the criminal justice system, but their impact goes beyond that. They appear in media coverage, public databases, and often on commercial mugshot websites. Mugshots are critical for identification in criminal cases, but their online presence can affect a person’s personal and professional life.

Criminal Proceedings

In criminal cases, mugshots help identify suspects and document their arrest. Defense attorneys may argue that showing a mugshot to a jury could influence their view of the defendant, especially if the photo is sensationalized.

Media Coverage

Mugshots are often shown in media stories, influencing public perception. These images are frequently used as clickbait, which misleads readers and damages the reputation of innocent individuals. Mugshots can distort the reality of the crime and contribute to biased opinions.

Background Checks

Mugshots are often discovered through background checks, where they can harm a person’s job or housing prospects. These images may show up years after an arrest, even if the individual has moved on or wasn’t convicted.

How Do Commercial Mugshot Sites Make Money?

Commercial mugshot websites thrive by capitalizing on the public’s ability to access arrest images. These sites gather mugshots from public records and arrest databases, many of which are available through the Freedom of Information Act. The sites often display these images alongside the person’s name, crime, and personal details.

These websites generate revenue through ads, selling access to their databases, and charging fees for image removal. Individuals are often charged hefty fees to have their mugshots removed from the site. The business model of these websites can lead to exploitation, especially for those wrongfully arrested or innocent.

What Are the Legal Implications of Having Your Mugshot on a Commercial Site?

Having your mugshot published online can have serious consequences. These images are highly visible and can harm your reputation, especially if posted on commercial websites. The impact extends to both personal and professional spheres, with people searching online, including friends and employers, often discovering these images.

Privacy Concerns

Mugshot websites gain access to public arrest records, which raises significant privacy concerns. Some states have laws to protect individuals whose charges were dropped, but the reach of these sites still affects many people.

Difficulty Finding Employment

Mugshots can appear during employment background checks. This can unfairly influence hiring decisions, even if the person is otherwise qualified. The issue is particularly harmful when the mugshots are tied to minor offenses or wrongful arrests.

Threats to Personal Safety

Mugshots online can also put individuals at risk of harassment or even violence. The exposure of these images can lead to unwanted attention, and in some cases, can negatively impact mental health.

Can You Legally Sue for the Publication of Your Mugshot on Commercial Sites?

Yes, you may be able to sue for the publication of your mugshot on commercial sites, depending on the jurisdiction. Individuals can seek legal recourse under defamation or privacy laws if they believe their image has been exploited without consent. These legal frameworks protect individuals from harmful representations that may damage their reputation.

Privacy Laws

Privacy laws vary by state, but some protect individuals from unauthorized commercial use of their mugshots. If your image has been posted for profit without your permission, you may have legal grounds to take action. For example, some states have laws that prohibit mugshot websites from charging for image removal, holding these sites liable for damages.

Defamation Laws

If your mugshot is posted with false information, you may have grounds for a defamation case. Defamation laws protect individuals from misleading representations that can harm their reputation.

What Steps Can You Take to Remove Your Mugshot from Commercial Sites?

If your mugshot is listed on a commercial site, here are steps to take to remove it:

1. Contact the Site Directly

Start by contacting the website. Some websites allow you to request the removal of your mugshot by verifying your identity. You may need to provide arrest details and supporting documents like case dismissal notices.

2. Hire Reputation Specialists

If contacting the site directly doesn’t work, consider hiring reputation management experts. These specialists know how to navigate online reputation issues and use tools to enhance your online presence. They can help push negative content down in search results and build a positive brand image.

3. Seek Legal Action

If other options fail, consult a lawyer to evaluate your case. A lawyer can help determine if defamation or privacy violations apply and advise you on the best course of action. A legal professional familiar with state-specific laws can help you pursue legal action if necessary.

Conclusion

Mugshots can have a profound impact on a person’s reputation and privacy. Whether hindering job prospects, damaging relationships, or causing unnecessary stress, the consequences of having your mugshot published on commercial sites are severe. Knowing your rights and taking steps to remove these images is essential for reclaiming your reputation. If your mugshot is posted online, consider your options carefully and take proactive steps, including seeking legal assistance, to protect your privacy and future.