Can You Sue for Emotional Distress Over a Public Mugshot?

April 15, 2025 Legal Tips

There’s something about seeing your face on a public mugshot site that hits differently. It doesn’t matter how long the arrest was or if the charges were dropped—once it’s online, it feels like it follows you everywhere. It shows up in Google searches, on background checks, and sometimes in conversations you wish you weren’t part of.

And for many people, that visibility’s emotional weight can be overwhelming.

We’re not just talking about embarrassment. We’re talking about severe emotional distress—the kind that keeps you up at night causes stress and mental suffering and leaves you wondering who else has seen that image and what they now think of you. These aren’t minor feelings; they often rise to the level of psychological distress and can have real consequences for your mental well-being and even physical health.

When a Mugshot Doesn’t Stay in the Past

Imagine getting your life back on track—a new job, healthier relationships, maybe even more self-awareness. Then, someone Googles your name, and your mugshot appears. Suddenly, everything feels fragile again.

For many people, a mugshot isn’t just an arrest record—it becomes a symbol of judgment. It can trigger emotional trauma and anxiety and sometimes lead to mental health conditions like depression or post-traumatic stress disorder (PTSD). These are traumatic events that interrupt daily life and can affect your ability to function.

You might:

• Experience emotional distress in public or professional settings.
• Avoid conversations or eye contact out of fear someone has seen your photo.
• Feel mental anguish or job dissatisfaction even in a role you once loved.

This isn’t about being overly sensitive. These are examples of emotional harm that real people live with—harm that sometimes leads to long-term psychological therapies or even physical symptoms like insomnia, nausea, or fatigue.

Emotional Distress That Sticks Around

Everyone experiences emotional distress differently, but a few patterns are common when it stems from online mugshots:

• Loss of confidence: You second-guess yourself in interviews, meetings, and daily routine interactions.
• Mental suffering: Ongoing stress, mental exhaustion, or feeling like your past is permanently tattooed on your name.
• Bodily harm and physical symptoms: Tension, headaches, tightness in your chest, and anxiety attacks are common side effects.
• Isolation: You start pulling away from your support network, even close family members.

These symptoms are not just emotionally exhausting—they can lead to serious related health problems if left unaddressed. Emotional suffering from public exposure is a legitimate mental health concern recognized by the World Health Organization and mental health professionals globally.

Why Does This Happen?

We’re wired to care about how we’re perceived. And when a mugshot is out there, tied to your real name and image, it sends a message—even if it’s misleading or outdated.

The emotional distress claim arises because of that message and the harm it causes. A reasonable person would expect to feel distressed if a past mistake was constantly resurfacing without context. It leads to coping mechanisms, avoidance, and sometimes severe mental health decline.

Public mugshots often appear without any updates about the case. Were charges dropped? Was the case dismissed? None of that matters if your photo is the first thing people see. That gap between what’s present online and what’s true in real life is a massive part of what causes distress.

What Are Your Legal Options?

You might be able to file an emotional distress lawsuit, particularly if the mugshot is being shared or monetized without your consent or if attempts to remove it have been ignored.

There are two primary paths:

• Intentional Infliction of Emotional Distress (IIED): When someone deliberately causes severe emotional harm by keeping your mugshot online.
• Negligent Infliction of Emotional Distress (NIED): Emotional distress occurs due to someone’s failure to act with care—for instance, a website that refuses to remove a photo even when given legal documentation.

In both cases, the harm must go beyond embarrassment. You must show that the emotional impact is significant and disruptive to your mental health or quality of life.

Proving Emotional Distress: What You Need

You’ll need to gather evidence to support your case and seek compensation. This might include:

• Medical records from licensed mental health professionals.
• Personal journals documenting how your daily life has been affected.
• Witness statements from people close to you who have seen the change.
• Lost wages or proof of missed job opportunities due to your mugshot.
• Physical injuries or symptoms linked to psychological distress.

A strong emotional distress claim includes a clear link between the mugshot and the emotional harm you’re experiencing. You must also demonstrate that the defendant’s actions—or negligence—played a significant role.

Working With a Personal Injury Lawyer

Navigating the legal process can feel overwhelming. That’s why it’s helpful to speak with a personal injury lawyer who understands emotional distress lawsuits and how mugshot exposure can lead to mental anguish.

The right attorney can help you:

• Understand how IIED and NIED claims work.
• Determine if your claim meets the threshold for severe emotional distress.
• Gather the evidence required to support your case.
• Guide you through options for takedown requests or litigation.

They can also advise you on how outcomes may vary depending on the jurisdiction or the website involved.

Managing the Emotional Fallout

Legal support is important, as is taking care of your mental well-being. Emotional trauma can feel invisible, but that doesn’t make it any less serious.

Here are a few self-care and mental health tips while navigating this:

• Seek psychological therapies if emotional suffering is disrupting your daily life.
• Reach out to a support network of friends, counselors, or family members.
• Be mindful of potential triggers, such as job searches or social media.
• Track your progress in a journal or cell phone to monitor improvements.

The emotional pain might not disappear overnight, but it can become manageable with the right coping tools and resources.

Final Thought

You are more than a moment in time. And you’re certainly more than a photo someone chose to profit from or post without your permission.

If you’ve experienced emotional distress because of a mugshot, you don’t have to carry it alone. Legal options exist. Emotional recovery is possible. And your mental health matters.

Whether you pursue an emotional distress lawsuit, work with a personal injury lawyer, or take steps to heal, remember: you deserve to live without your past following you around online.

Because the person you are today is worth protecting.