An arrest in Virginia can trigger a cascade of consequences, but one of the most lasting and damaging is the public dissemination of a mugshot. These booking photographs, once confined to police station files, are now widely published online by third-party websites, creating a permanent digital stain that can affect employment, housing, and personal relationships, regardless of the case's outcome. Fortunately, Virginia has enacted specific legislation to combat the predatory practices of for-profit mugshot websites, providing a legal pathway for individuals to reclaim their online reputation. This guide provides a comprehensive overview of Virginia's mugshot laws, detailing your rights and the step-by-step process for seeking removal.
The journey of a mugshot from the booking room to the internet begins with its classification as a public record. In Virginia, like in many other states, records generated by law enforcement agencies, including arrest data and booking photographs, generally fall under the purview of the Virginia Freedom of Information Act (VFOIA). This act is designed to promote government transparency by giving the public and media access to official records. Consequently, law enforcement agencies can, and often do, release this information upon request or through online portals.
How Mugshots Become Public Record
Once an arrest is made, the individual's information—name, alleged charge, and mugshot—is entered into a criminal justice database. Commercial data brokers and specialized "mugshot websites" systematically scrape or purchase this data in bulk from sheriff's offices and police departments across the Commonwealth. They then republish this information on their own privately-owned websites, which are often optimized to rank highly in search engine results. When someone searches for an individual's name, their mugshot can become one of the first things they see, presented without context about the circumstances of the arrest or whether the charges were ever proven in court.
This practice creates a significant dilemma. While the initial release of the information is a function of public records law, the subsequent use by commercial entities for profit raises complex legal and ethical questions. For years, the primary business model for many of these sites involved extortion: publishing the embarrassing photo and then charging the individual hundreds or even thousands of dollars to have it removed. In response to this predatory industry, the Virginia General Assembly took decisive action.
Understanding Virginia Code § 19.2-389.3
The cornerstone of mugshot regulation in the Commonwealth is Virginia Code § 19.2-389.3. This statute directly targets the "pay-for-removal" scheme that defined the mugshot website industry. The law makes it illegal for any person or company whose primary business is publishing criminal record information to solicit or accept a fee or any other form of payment to remove or correct that information. A violation of this statute is a Class 1 misdemeanor in Virginia.
The law's impact is twofold:
- It criminalizes the extortionate business model. Websites can no longer legally demand payment from Virginia residents to take down their booking photos.
- It establishes a clear, no-cost removal process for eligible individuals. The law mandates that these websites must remove a person's record and mugshot if the underlying criminal charge has been resolved in their favor.
As one Richmond-based defense attorney noted, "The law was a necessary step to protect citizens from digital punishment that persists long after their legal case is over. It shifts the power away from predatory websites and back to the individual, provided they have the necessary court documentation to prove their case was favorably resolved." This legal framework is the key to understanding your rights when confronting a publicly posted mugshot.
The Right to Request Removal (and Its Limitations)
Under Virginia law, you have the right to demand the removal of your mugshot and associated arrest information from a commercial mugshot website if your case ended with a favorable disposition. The website is legally obligated to comply with a valid request and cannot charge you for the service. However, it is crucial to understand the limitations of this right. This law specifically targets businesses engaged in publishing criminal records for commercial purposes. It generally does not apply to traditional news media outlets.
If a local newspaper or television station website publishes a news story about an arrest, that story is typically protected by the First Amendment. News organizations are not in the business of selling record removal services, and their reporting on crime is considered a journalistic function. While you can always request that a news outlet remove or update an old story, they are under no legal obligation to do so if the information was factually accurate at the time of publication.
Step 1: Determine Your Case's Outcome
The entire removal process hinges on the final outcome of your criminal case. To leverage the protections of Virginia Code § 19.2-389.3, you must have official documentation proving one of the following dispositions:
- Acquittal: You were found not guilty at trial.
- Nolle Prosequi: The prosecutor decided to drop the charges. This is a common form of dismissal in Virginia.
- Dismissal: A judge dismissed the case for any number of reasons (e.g., lack of evidence, a procedural issue).
- Expungement: A court has issued an order to seal or destroy the records of the arrest.
If your case resulted in a conviction or a guilty plea, the legal mandate for removal under this specific statute does not apply. In such situations, other avenues like seeking a pardon or exploring broader online reputation management strategies may be necessary.
Step 2: The Expungement Process in Virginia
For many, obtaining an expungement is the most powerful step toward clearing their record and, by extension, their online footprint. An expungement, governed by Virginia Code § 19.2-392.2, is a legal process where a court orders the record of an arrest to be sealed from public view. In Virginia, you are generally eligible to petition for an expungement if your charge resulted in an acquittal, a nolle prosequi, or a dismissal.
The process involves filing a petition with the Circuit Court in the jurisdiction where the charge was brought. The court will review the petition, and if granted, will issue an expungement order. This order is then sent to all state agencies that hold a record of the arrest, directing them to remove it from their publicly accessible databases. This court order is the strongest piece of evidence you can provide to a mugshot website when demanding removal.
Step 3: Contacting the Mugshot Website
Once you have official documentation of your case's favorable outcome (such as a certified copy of the final court disposition or an expungement order), you can formally request the removal of your mugshot. Follow these steps for the best results:
- Identify the Website's Contact Information: Look for a "Contact Us," "Legal," or "Record Removal" section on the website. Find an email address or a physical mailing address.
- Draft a Formal Written Request: Your communication should be professional and fact-based. Do not get emotional or threatening. Your letter or email should include:
- Your full name and any other names you may be listed under.
- Your date of birth to help them identify the correct record.
- The direct URL (web address) of the page displaying your mugshot.
- A clear statement that you are requesting the removal of your information pursuant to Virginia Code § 19.2-389.3.
- A declaration that the charges were dismissed, you were acquitted, or the record was expunged.
- Attach Your Proof: Scan and attach a copy of the official court document that proves the favorable disposition of your case. This is non-negotiable; they need evidence to act.
- Keep Meticulous Records: Save copies of everything you send, including emails and certified mail receipts. Document the date and time of all communications.
Legal Recourse and Reporting Violations
What should you do if a website ignores your valid request or, in direct violation of Virginia law, demands payment? At this point, you have several options for legal recourse.
First, you can file a formal complaint with the Virginia Attorney General's Office. The Consumer Protection Section of the AG's office is tasked with investigating and prosecuting violations of state law, including illegal business practices. Your detailed documentation will be essential for their investigation.
Second, you should consult with an attorney. A lawyer experienced in Virginia privacy law, defamation, or criminal record expungement can send a formal cease and desist letter on your behalf. This often carries more weight than a request from an individual. If the website remains non-compliant, your attorney can advise you on the feasibility of filing a civil lawsuit to seek a court order compelling removal and potentially seeking financial damages.
Navigating Virginia's mugshot laws requires a clear understanding of your rights and a methodical approach. The law provides a powerful tool against predatory websites, but its effectiveness relies on having a qualifying case outcome. For those whose charges were dismissed, dropped, or acquitted, the path to removal is clearly defined. By securing the proper court documents and issuing a formal, evidence-backed request, you can compel these websites to remove your information and begin the process of restoring your digital reputation.
