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This came as certain publishers of mugshots charged high fees to remove photos, even if a person was not convicted of a crime.Ĭourtesy of the Sacramento Bee The California Controversy of Mugshot Use The state of California in a status signed into law by Governor Jerry Brownon August 15, 2014, decided to restrict the commercial use of mugshots by prohibiting a person who publishes criminal record information via print or electronic means from soliciting or accepting a fee or other consideration to remove, correct, or modify that information.Ĭalifornia’s Attorney General Xavier Becerra said in 2018 that the state would be filing criminal extortion charges against members of a mugshot upload site. While mugshots are considered public records, it became expedient to either regulate the practices of these mugshot aggregating sites or prohibit the sites from charging fees forremoval services. The negative influence of the widespread distribution of copied mugshotscoupled with extortion practices of these commercial mugshot sites has generated a nationwide debate with cases from California at the forefront. When mugshots appear in these searches, regardless of actual guilt, it can affect a person’s credibility and reputation. Detractors claim that the industry is feeding on a populace that needs to perform background checks on a person renting a home, applying for a job, taking out an insurance policy, soliciting a license, or even going on a date. The mugshot publishing business is considered a niche market of tabloid journalism in the United States and the state of California. Some of these commercial sites charge fees to “de-publish” booking photographs hosted on their websites. In recent years, booking photographs obtained from law enforcement databases have surfaced on commercial mugshot aggregation sites.
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However, some states and local governments have different laws restricting access to mugshots. Though under the jurisdiction of law enforcement agencies, arrest records (which include mugshots) are considered public records accessible to everyone.
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This means that while mugshots are included in arrest records for identification purposes, they do not imply guilt. In California, the arrest rate has dropped over 50 percent since its 1989 peak, and now more than half of arrest cases do not proceed to a charge or conviction. However, arrests do not always lead to a charge or conviction. In essence, arrests are made on the suspicion that an apprehended person is involved in a crime or planning to commit one. Mugshots in California form part of criminal investigation records and are compiled by public law enforcement agencies when an arrest is made. Jerry Brown signing a Senate bill into law.