Why Are Some Mugshots Not Online: State Laws, Court Orders, and Policies

There are several reasons why some mugshots are not online, and they stack on top of each other. A growing number of states bar police from publishing booking photos for most arrests. Courts can order existing photos pulled down through expungement or record sealing. Departments routinely keep certain categories, like juvenile arrests, out of public view by policy. State laws have shut down much of the pay-for-removal mugshot industry. And Google has quietly buried the sites that remain. Any one of these can keep a photo offline; together they explain why a name search often turns up nothing even when an arrest clearly happened.

State Laws That Stop Police From Posting Booking Photos

A growing number of states now prohibit police departments and sheriff’s offices from proactively posting booking photos on social media or official websites, at least for certain categories of arrests. The restrictions usually draw the line at non-violent offenses, reflecting a legislative judgment that pushing an arrest photo into public view before trial amounts to punishment without a conviction. The trend accelerated in the early 2020s. Some laws apply only to social media; others cover any online publication by the agency.

These laws do not make the mugshot disappear. The photo generally remains a public record that someone could obtain through a formal records request. But the arresting agency can no longer act as the publisher, and that single barrier keeps an enormous number of mugshots off the internet, because most people never bother to file a request.

Agencies that violate the restrictions can face civil liability. Some states let the arrested person sue for statutory damages; others impose daily fines on noncompliant agencies. The practical effect is that departments in these states have largely stopped maintaining online mugshot galleries for routine arrests, reserving public postings for active safety threats or fugitives.

Court Orders That Take an Existing Mugshot Down

When a photo has already been published, a court order is usually what pulls it back. Expungement and record sealing are the two main tools, and they work differently.

Expungement, in its strongest form, requires the custodian of the record to destroy it or remove it from public access. Some states treat an expunged case as though it never happened; others keep the file internally but block it from public searches and most background checks. Either way, the photo comes down from any public-facing portal the agency operates. Record sealing restricts who can see the file: sealed records typically remain accessible to law enforcement and prosecutors but are hidden from employers, landlords, and the public.

Both processes have traditionally required filing a petition in the court that handled the original case. That is changing. At least thirteen states and Washington, D.C., have enacted “Clean Slate” laws that automate sealing or expungement of eligible records without any action by the individual. These systems scan court databases, identify cases that meet the statutory criteria, and apply the restriction. Eligibility varies, but most Clean Slate laws cover dismissed charges, acquittals, and certain misdemeanor convictions after a waiting period, typically a few years up to seven or more.

For cases that don’t qualify for automatic relief, a petition goes to the court that handled the case. If the judge grants the order, every agency holding the record has to comply within the timeframe the order or state law specifies, commonly thirty to sixty days. Agencies that ignore the order face potential contempt proceedings.

Expungement reaches beyond government databases too. The Fair Credit Reporting Act requires consumer reporting agencies to use “reasonable procedures to assure maximum possible accuracy” of what they report.1Office of the Law Revision Counsel. 15 USC 1681e – Compliance Procedures The Consumer Financial Protection Bureau has clarified that a background screening company lacking procedures to prevent reporting expunged, sealed, or otherwise legally restricted records is violating the statute.2Federal Register. Fair Credit Reporting Background Screening Once an expungement order is in hand, those companies are legally obligated to stop reporting the information.

Arrests Departments Keep Off the Public Record by Policy

Even in states without a specific publication statute, many departments have stopped posting booking photos as a matter of internal policy. This is one of the most common reasons a mugshot never makes it online, and it has nothing to do with a court order.

Juvenile arrests are the clearest example. Federal law restricts disclosure of juvenile records and prohibits making a juvenile’s name or picture public unless the individual is prosecuted as an adult.3Office of the Law Revision Counsel. 18 USC 5038 – Use of Juvenile Records Every state has similar protections. Booking photos of minors are almost never posted publicly. Undercover officers are another category routinely excluded, because revealing their identity could compromise ongoing investigations and endanger their safety.

Beyond those specific categories, many departments have moved away from online mugshot galleries altogether. The shift is driven partly by litigation risk and partly by a broader rethinking of whether publishing arrest photos serves any legitimate public safety purpose when the person is not a fugitive or an active threat. Departments that still publish tend to limit it to serious violent offenses, wanted individuals, and cases where public help is needed to identify a suspect. The vast majority of routine arrests never produce a publicly accessible digital photo.

Laws That Shut Down Pay-for-Removal Mugshot Sites

For years a cottage industry of third-party websites scraped booking photos from public records, posted them, and then charged the individuals pictured hundreds of dollars to take them down. The practice was widely condemned as extortion dressed up as journalism, and state legislatures responded. More than a dozen states have now enacted laws that prohibit charging a fee to remove a booking photograph from a website.

Penalties vary. Some states impose daily fines that escalate the longer a site refuses a valid removal request. Others allow the affected individual to sue for statutory damages plus attorney’s fees, with a few setting minimum damages around $1,000 per incident. The laws, combined with payment processors cutting off mugshot extortion sites, have significantly reduced the number of these operations.

The statutes generally require removal within a set period after a written request, with no fee, if the charges were dismissed, the person was acquitted, or the conviction was expunged. Some states go further and ban pay-for-removal schemes regardless of the case outcome. That legal pressure is a big reason mugshots that used to be trivially findable through a name search increasingly aren’t.

Why Google Doesn’t Surface the Mugshots That Are Still Out There

Even when a mugshot remains hosted on some distant server, it can be functionally invisible if search engines won’t surface it. Google made algorithm changes specifically designed to de-rank websites whose business model revolves around posting arrest photos and charging for removal. The update didn’t delete any pages, but it buried them deep enough in search results that most people will never encounter them during a routine name search. That technical decision, made by a private company, probably did more to reduce the day-to-day visibility of mugshots than any single state law.

Google also offers tools for removing specific pages. If a mugshot page has been deleted at its source but still shows up because of caching, the Remove Outdated Content tool will re-crawl and drop the stale result. For pages tied to an expunged record, Google accepts legal removal requests with a certified copy of the court order and the URLs to de-index.

News outlets have shifted in parallel. Many no longer publish booking photos for routine arrests, reserving them for cases involving serious public safety concerns or prominent public figures. Some newsrooms have adopted policies for updating or removing old stories when charges are dropped or someone is exonerated, though this is far from universal and usually requires the person to reach out with documentation. Between search engine suppression and editorial restraint, a mugshot that technically still exists on a server somewhere may be all but unfindable.

If You Want Your Own Mugshot Taken Down

The reasons mugshots stay offline are also the levers available if yours is online and you want it removed. If a police department posted it, check whether your state’s publication law covers your offense and send a written removal request citing the statute. If you have an expungement or sealing order, send a certified copy to the records custodian and to any third-party site still showing the image. If a site is demanding payment and your state prohibits pay-for-removal, cite the law and refuse the fee; the penalty clock typically starts when the site receives your written demand. Once the source page is gone, Google’s outdated content tool clears what remains in search results. For background check companies still reporting a sealed arrest, the FCRA dispute process is the route.

The common thread is documentation. A certified copy of a court order is the single most useful thing to have. Without it, every request is harder and slower.