Are Mugshots Public Record?

Are Mugshots Public Record?

Whether you’re wondering if a possible mugshot of you or a family member can be made public, you want to see whether someone you know has a mugshot online, or anything in between, this question has probably crossed your mind: Are mugshots public record?

What is a mugshot?

First we’ll define a mugshot.

According to USLegal, “A mugshot refers to an official photograph taken after a person is arrested. The purpose of the mugshot is to allow law enforcement to have a photographic record of the arrested individual. Mugshots are used for identification by victims and investigators. Usually mugshots are two-parts, one side-view photo, and another front-view.”

While it’s always important to check local and state laws to see whether legislation has changed, mugshots are public record.

Also part of public records are criminal records, arrest records, and police records.

Some people believe that mugshots should have some restrictions, such as commercial websites making them available, and some states have taken action. While some websites will remove mugshots for people if the charges are dropped, we live in a time in which photos can simply be added to other websites, whether they’re following proper protocol or not as the internet becomes less and less private. Not only that, but it can take time for a photo (or personal information) to be removed from the internet altogether, especially if the information has been online for longer periods of time.

Still other people believe that mugshots should be public record so they can ensure the safety of the greater good and make people aware of criminals.

According to the National Conference of State Legislatures, “Critics of legislation, however, note that access to mugshots are an important part of journalistic coverage, freedom of speech, and the public’s right to know. Journalists and others assert that mugshots should remain in the public realm, and some proposed legislation would specifically provide that booking photographs are to remain public record. Public records laws in some states do not specifically address the availability of mugshots to the public, so their release is left to the discretion of investigative agencies.”

You should know who your neighbors, co-workers, friends, and family members are. Of course, not everyone discloses criminal records and information because it can change how people perceive them.

It can also be argued that it’s not everyone’s business having access, whether mugshots are part of the public record or not. However, companies like employers and apartment complexes typically find criminal records and background information (if available) because they run background checks with the consent of the applicant. Without people’s consent, these companies can’t run a background check, but those people also might not be hired for a job or approved for an apartment.

Different conditions for different crimes

Some criminal records are made more available than others because of the severity of the crimes.

According to StateRecords.org, “The national sex offender listing database is coordinated by the Department of Justice and enables the general public and government authorities the ability to obtain the latest information among all 50 states, the District of Columbia, Puerto Rico, Guam, and numerous Indian tribes about the identity and location of known sex offenders. Anyone convicted of a sexual offense is added to the database and remains there for their lifetime, even after they have completed their sentence.”

People search for mugshots out of curiosity and safety. Also, people with mugshots online search for this information to see what others can find.

Above all else, the government classifies mugshots as public record to protect the people. It’s essential to check updated state legislation to see current laws on the matter.