One of the most immediate concerns for many individuals who have recently been arrested is whether their mugshot will become public and appear online. The answer in New York and New Jersey is often more complicated than a simple “yes” or “no.”
A mugshot is generally a booking photograph taken by law enforcement following an arrest. Whether that image becomes publicly available depends on the laws, policies and practices of the agency involved, as well as the state where the arrest occurred.
New York and New Jersey: The basics
In New York, recent reforms have significantly limited public access to many law enforcement records and booking photographs. In many situations, agencies are less likely to release mugshots to the public than they once were. However, exceptions may exist, particularly in cases involving public safety concerns or high-profile investigations.
New Jersey has also moved toward greater privacy protections in recent years. While arrest information itself may become part of the public record in certain circumstances, booking photographs are not always automatically released for public distribution. Policies can vary among agencies and based on the nature of the allegations at issue.
Unfortunately, once a mugshot enters the public domain, removing it can be difficult. Third-party websites sometimes republish arrest information and photographs even if charges are later dismissed or reduced. This can affect employment opportunities, housing applications and personal relationships long after a case has ended.
Individuals facing criminal charges in New York or New Jersey should speak with an experienced defense attorney as early as possible. In some cases, attorneys may be able to assist with record sealing, expungement-related remedies where available or other strategies designed to minimize the long-term impact of an arrest.