Getting a “mug shot” taken is part of being booked for anyone who’s arrested for a criminal offense. Most people’s mug shots don’t go public unless they’re well-known or the crime they’re accused of makes the news.
However, whether or not it can be accessed if someone looks for it is something that understandably concerns people – whether they’re ultimately convicted of an offense or not. Can potential or current employers, romantic partners or others access someone’s mug shot?
What does New York law say?
Former New York Gov. Andrew Cuomo called for a prohibition of the release of any law enforcement booking information, contending that it an “unwanted invasion of personal privacy.” He and state lawmakers agreed to amend New York’s Freedom of Information Law (FOIL) to ban the “disclosure of law enforcement arrest or booking photographs of an individual.”
There are some exceptions in the law. It states that mug shots can be made public if they “serve a specific law enforcement purpose….” For example, if police are searching for a specific suspect who already has a mug shot, they may release that to the media in case someone has seen them (and sometimes to warn the public not to approach the person).
Police can make exceptions
It’s been argued that the law is broad enough that law enforcement agencies can still make them public – in some cases handing out flyers with someone’s mug shot or posting a mug shot on social media – particularly of those who have been convicted of drug- or sex-related crimes. One police chief admitted that since the law isn’t “overly restrictive,” he will continue to release mug shots “as long as the language of the law…allows me to.”
This means that typically a potential employer or anyone running a credit or background check on you won’t be able to dig up a mug shot. Of course, if you’re convicted of a crime, you will have a criminal record unless you get it expunged. This is just one more reason to get sound legal guidance as soon as possible to seek the best possible outcome for your case – including possibly getting the charges dropped.