Mugshots from law enforcement sites are reposted on commercial sites, a number of which charge a fee to get the pictures removed. Pictures will be removed by some websites at no cost for those that are able to demonstrate that they were found not guilty or that charges were dropped; fee charges. People who’d charges dropped or were found not guilty, and after on the internet, but, the pictures may be reproduced and redistributed by other websites can discover that it’s almost impossible to fix their standings that are online. These issues have been addressed by several states lately by forbidding websites from charging fees for removing mug shots from a website or otherwise controlling these websites’ practices.

Critics of laws, nevertheless, note that access to mug shots are a vital element of freedom of speech, journalistic coverage as well as the people?s right to learn. Journalists and others claim that mug shots should stay in the public world, and a few suggested laws would expressly provide that booking photographs are to stay public record. Public records laws in certain states don’t expressly address the access to mugshots to people, so their release is made to the discretion of fact-finding bureaus.

Moreover, some private companies have taken actions against a number of the sites that charge fees to eliminate mug shots. Ties apparently are cutting using the websites, and its search algorithms are altered so your websites don’t appear as conspicuously in search results.

2017 Mugshot Legislation

Florida
H.B. 395
Status: Pending
Relates to arrest booking photographs; prohibits a person who publishes or disseminates arrest booking photographs through certain media from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photographs; authorizes action to enjoin publication or dissemination of arrest booking photograph for violation; specifies a time limit for removal of arrest booking photograph pursuant to a court order.

S.B. 118
Status: Pending
Relates to expunction of criminal history records; provides that any person or entity engaged in the business of publishing or otherwise disseminating arrest booking photographs of persons who have previously been arrested through a publicly accessible print or electronic medium may not solicit or accept a fee or other form of payment to remove, correct, or modify such photographs; provides for a civil action and damages for violations.

S.B. 546
Status: Pending
Relates to arrest booking photographs.

Illinois
H.B. 619
Status: Pending
Amends the Freedom of Information Act; exempts from inspection and copying the following: records requested by a person committed to the Department of Corrections or county jail, the disclosure of which would result in the risk of harm to any person or the risk of an escape from a jail or correctional institution or facility; records requested by a person in a county jail or committed to the Department of Corrections containing personal information pertaining to the person’s victim.

Montana
H.B. 236
Status: Pending
Revises laws related to release of information by law enforcement; clarifies booking photographs
are public criminal justice information; limits dissemination of booking photographs.

Mississippi
H.B. 794
Status: Failed.
Exempts booking information from the public records act if the person being booked is held in custody solely on the basis of the person’s mental health status; defines the term booking information for purposes of the exemption.

New York
A.B. 838
Status: Pending
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

Ohio
H.B. 6
Status: Pending
Prohibits a person who publishes or disseminates criminal record information from soliciting or accepting a fee to remove, correct, modify, or refrain from publishing or otherwise disseminating the information and to provide criminal and civil remedies for a violation of the prohibition.

South Carolina
H.B. 3481
Status: Pending
Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity’s website the arrest and booking records of a person whose charges have been discharged or dismissed, or who is found not guilty of a charge, without fee or compensation, shall remove the arrest and booking records within thirty days of a written request; provides a penalty for a violation.

South Dakota
S.B. 725
Status: Pending
Provides for the release of certain booking photographs. Law enforcement agencies are not required to provide or reproduce a booking photograph older than six months from the date of request. An agency requested to provide or reproduce a criminal booking photograph is entitled to recover costs of retrieval or reproduction.

2016 Mugshot Legislation

At least 12 states introduced/considered?legislation in 2016. The legislation was enacted in Florida, Kentucky, and South Carolina in 2016.

Arizona
H.B. 2199
Status: Failed–adjourned.
Relates to unlawful use; relates to booking photos; relates to information.

Florida
H.B. 293
Status: March 24, 2016; Filed as Chapter No. 2016-78
Provides that juvenile justice confidential information, including arrest records, is exempt from public records requirements; authorizes custodians to choose not to electronically publish juvenile arrest and booking photographs; provides an exception for intrastate criminal information; relates to employee background screenings, investigations, notifications, court records and fingerprinting. (Does not address commercial mug shot websites.)

H.B. 905
Status: March 11, 2016; In House. Died in committee.
Relates to arrest booking photographs; prohibits persons who publish or disseminates arrest booking photographs through the certain medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph; authorizes a civil action; provides civil remedies; provides a civil penalty; prohibits a justice agency from electronically publishing arrest booking photographs of certain arrestees.

S.B. 700
Status: March 2, 2016; In House. Died in committee.
Relates to public records; specifies that certain confidential information relating to juvenile justice is exempt from public records requirements; revises the applicability of public records requirements with respect to the arrest records of certain juvenile offenders; authorizes a custodian not to post certain images; provides an exemption from public records requirements from intrastate sources; provides exceptions; provides for the release of such information of a juvenile under certain circumstances

S.B. 1072
Status: March 11, 2016; In Senate. Died in committee.
Relates to arrest booking photographs; prohibits a person who publishes or disseminates an arrest booking photograph through a certain medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph; authorizes an action to enjoin publication or dissemination of an arrest booking photograph for a violation of the act; specifies the time limit for the removal of an arrest booking photograph pursuant to a court order.

Hawaii
H.B. 529
Status: March 10, 2016; Failed
For criminal cases resulting in no conviction: 1) prohibits commercial websites from collecting a fee for removing arrest booking photographs from the website; 2) prohibits criminal justice agencies from posting arrest booking photographs on a website except as provided by law.

Illinois
S.B. 328
Status: Failed adjourned.
Amends the Freedom of Information Act to exempt from inspection and copying records requested by a person committed to the Department of Corrections or county jail, the disclosure of which would result in the risk of harm to persons or risk of escape; includes records requested by such persons containing victim information, and law enforcement records of other persons committed to the Department of Corrections or county jail, including arrest and booking records, mug shots, and crime scene photographs.

Kentucky
H.B. 132
Status: April 1, 2016; Signed by Governor. Chap. 101.
Prohibits for commercial purposes the use of booking photographs and photographic records generated by law enforcement for identification purposes and taken of an inmate under certain conditions; allows for a right of action for certain persons requesting the removal of a photograph taken; provides for civil penalties; defines related terms; provides for service credits and sentence reductions to county jail inmates for receiving a general equivalency or high school diploma, and for good behavior.

New Jersey
A.B. 2085
Status: Pending
Prohibits a person from charging a fee to stop publishing personal identifying information obtained through the criminal justice system.

New York
A.B. 626
Status: Failed–adjourned.
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

S.B. 4537
Status: Failed–adjourned.
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

North Carolina
H.B. 18
Status: Failed–adjourned. (Special session)
Makes post-arrest photographic images confidential and not subject to public release unless the person photographed is charged with a felony or the release is required to secure the public’s safety.

Ohio
H.B. 172
Status: Failed–adjourned.
Prohibits a person engaged in; publishing criminal record information from accepting a fee to remove, modify or refrain from disseminating records and booking photographs. Provides that a person found not guilty may apply to expunge the record; related to prostitution-related offenses and victims of human trafficking; provides that a criminal penalty related to fraud by casino operators and employees applies at their casino facility or an affiliated facility.

South Carolina
H.B. 3700
Status: Failed
Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity’s website the arrest and booking records of a person whose charges have been discharged or dismissed, or who is found not guilty of a charge, without fee or compensation, shall remove the arrest and booking records within thirty days of a written request; provides a penalty for a violation.

S.B. 255
Status: February 23, 2016; Act No. 132
Relates to the destruction of arrest and booking records; provides that an entity who publishes on a website the arrest and booking records of a person whose charges have been discharged or dismissed, or of a person who is found not guilty of a charge, shall, without fee or compensation, remove the arrest and booking records within specified days of a written request; includes administrative hearings; provides penalties for failure to remove such records; provides for correction of crime database records.

Washington
H.B. 1723
Status: Failed
Allows booking photographs and electronic images at jails to be open to the public.

Wisconsin
A.B. 258
Status: Failed.
Relates to the removal of certain criminal record information from Internet sites without a fee; provides a criminal penalty.

S.B. 184
Status: Failed.
Relates to the removal of certain criminal record information from Internet sites without a fee; provides a criminal penalty.

2015 Mugshot Legislation

At least 13 states introduced/considered?legislation in 2015, and legislation has been enacted in Maryland, Vermont, and Virginia in 2015.

Alabama
H.B. 8
Status: Failed-Adjourned.
Requires websites containing personal information of persons charged with crimes to remove information at no charge upon request; provides civil penalties; provides the presumption of defamation.

Florida
S.B. 276
Status: Failed
Relates to arrest booking photographs; prohibits a person who publishes or disseminates an arrest booking photograph through a publicly accessible print or electronic medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph; authorizes an action to enjoin publication or dissemination of an arrest booking photograph if the publisher or disseminator unlawfully solicits or accepts a fee or other consideration.

Hawaii
H.B. 529
Status: Pending–Carryover
For criminal cases resulting in no conviction: 1) prohibits commercial websites from collecting a fee for removing arrest booking photographs from the website; 2) prohibits criminal justice agencies from posting arrest booking photographs on a website except as provided by law.

Kentucky
H.B. 350
Status: Failed/Adjourned
Relates to booking photographs; prohibits a person from using a booking photograph for a commercial purpose if that photograph will be posted in a publication or on a Web site, and the removal of the booking photograph requires the payment of a fee or other consideration; defines booking photograph.

Maryland
H.B. 744
Status: Signed by Governor; Chap. 453
Authorizes an individual to request an operator of a website to remove the individual’s photograph or digital image from the operator’s website under specified circumstances; requires an individual to make a specified request for the removal of a photograph or digital image in a specified manner; requires an operator of a web site to remove the photograph or digital image of an individual within a certain period of time and to send a specified written confirmation within a certain period of time.

Mississippi
H.B. 497
Status: Failed
Exempts booking information from the Public Records Act if the person being booked is held in custody solely on the basis of the person’s mental health status; defines the term booking information for purposes of the exemption.

S.B. 2057
Status: Failed
Exempts booking information from the Public Records Act if the person being booked is held in custody solely on the basis of the person’s mental health status; defines the term booking information for purposes of the exemption.

S.B. 2133
Status: Failed
Exempts booking information from the Public Records Act if the person being booked is held in custody solely on the basis of the person’s mental health status; defines the term booking information for purposes of the exemption.

New Jersey
S.B. 961
Status: Pending
Prohibits a person from charging a fee to stop publishing personal identifying information obtained through the criminal justice system

New York
A.B, 626
Status: Pending
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

S.B. 4537
Status: Pending
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

South Carolina
H.B. 3700
Status: Pending
Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity’s website the arrest and booking records of a person whose charges have been discharged or dismissed, or who is found not guilty of a charge, without fee or compensation, shall remove the arrest and booking records within thirty days of a written request; provides a penalty for a violation.

S.B. 255
Status: Pending
Relates to the destruction of arrest and booking records; provides that a person or entity who publishes on the person or entity’s website the arrest and booking records of a person whose charges have been discharged or dismissed, or of a person who is found not guilty of a charge, shall, without fee or compensation, remove the arrest and booking records within thirty days of a written request; provides the penalties for a person or entity who fails to remove the arrest and booking records.

Texas
H.B. 4114
Status: Failed–Adjourned
Relates to the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; increases a civil penalty.

Vermont
S.B. 12
Status: Pending–Carryover
Relates to the charging of fees for removing booking photographs from the Internet.

H.B. 105, Act 62
Status: June 17, 2015, Signed by Governor, Act 62
Relates to the disclosure of sexually explicit images without consent, charging fees for removing booking photographs from the Internet, and expanding the scope of practice of Level II certified law enforcement officers

Virginia
S.B. 720
Status: March 23, 2015; Signed by Governor, Chapter 414
Relates to the dissemination of criminal history record information and civil actions; provides that any person who disseminates, publishes, or maintain or causes the same of the criminal history record information of an individual pertaining to that individual’s charge or arrest for a criminal offense that solicits, requests, or accepts money or another thing of value for removing such information shall be liable to the individual who is subject to the information for actual damages or a specified amount.

Wisconsin
A.B. 258
Status: Pending
Relates to the removal of certain criminal record information from Internet sites without a fee; provides a criminal penalty.

S.B. 184
Status: Pending
Relates to the removal of certain criminal record information from Internet sites without a fee; provides a criminal penalty.

Compiled by Samantha Moodie.

2014 Mugshot Legislation

At least 15 states introduced or considered legislation. The legislation was enacted in Colorado, Georgia, and Wyoming in 2014.

Alabama
H.B. 135
Status: Failed
Requires the operator of a website publishing an arrest photograph of an individual to remove the photograph and personal information within a specified period upon notice of acquittal or other resolution of the charges without a conviction; provides that failure to remove a photograph and information is a deceptive trade practice; provides remedies for violations.

California
S.B. 1027
Status: Aug. 15, 2014; Signed by Governor. Chap. 194
Prohibits 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. Establishes civil penalties for violations.

Colorado
H.B. 1047
Status: April 15, 2014; Signed by Governor, Chapter 115
Concerns restrictions on the publishing of basic identification information on commercial websites.

Florida
H.B. 265
Status: Failed
Criminal Record Information; Defines “criminal record information”; prohibits a person engaged in publishing or otherwise disseminating criminal record information from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such information

H.B. 619
Status: Failed
Relates to websites containing information concerning persons charged with crimes; provides that publication of specified photographs of subject individuals made in this state on the website for purposes of commerce is deemed to be a transaction of business in this state; requires removal of photographs from the website without fee or compensation upon request by the subject individual; provides requirements for request.

S.B. 298
Status: Failed
Relates to booking photographs; prohibits an individual or business entity from soliciting, charging, or collecting compensation for the removal of a booking photograph or other information related to a criminal charge or conviction from the Internet or other public medium; requires an individual or business entity that publishes booking photographs or criminal record information on an Internet website or other public medium to provide contact information

Georgia
H.B. 150
Status: May 6, 2014; Signed by Governor, Act 188
Relates to the Fair Business Practices Act; changes provisions relating to prohibited telemarketing and Internet activities; prohibits certain persons from collecting a fee for removing certain individuals’ arresting booking photographs from a website; provides for related matters.

H.B. 845
Status: April 24, 2014; Signed by Governor. Act 627
Prohibits an arresting law enforcement agent or agency from posting booking photographs to or on a website except as required for publication and for the State Sexual Offender Registry; prohibits providing a copy of a booking photograph in any format to a person requesting photograph if booking photograph may be placed in a publication or posted to a website or transferred to a person to be placed in a publication or posted to a website; provides requirements for persons requesting a booking photograph.

Kentucky
H.B. 51
tatus: Failed-adjourned.
Prohibits a person from using a booking photograph for a commercial purpose if that photograph will be posted in a publication or on a Web site, and the removal of the booking photograph requires the payment of a fee or other consideration; defines booking photograph; includes the misuse of booking photographs as a violation.

S.B. 95
tatus: Failed-adjourned.
Relates to criminal records; 61.884 to prohibit a person from using criminal records, including booking photographs, for a commercial purpose if that information will be posted in a publication or on a Web site, and the removal of the information requires the payment of a fee or other consideration; defines booking photograph; includes misuse of criminal records as a violation.

Minnesota
H.B. 1933
Relates to data practices; regulates the disclosure of booking photographs.

H.B. 1940
Relates to data practices; relates to books and photographs.

S.B. 1863
Relates to data practices; relates to booking photographs.

Missouri
H.B. 1335
Prohibits businesses from requiring payment to remove a booking photograph and includes a petition process for an individual to have his or her booking photograph removed from the website.

H.B. 1665
Status: July 8, 2014; Signed by Governor.
Requires a person publishing an arrest booking photograph on his or her internet website to remove such photograph upon the request of the individual whose photograph was published.

New Jersey
A.B. 2064
Exempts mugshots of arrestees who have not been convicted of the underlying offense from the State’s open public records law.

A.B. 2177
This bill would clarify that the booking photographs taken of a defendant after an arrest, commonly referred to as mugshots, are to be available to the public under the State’s open public records law. Current law does not specifically address the availability of mugshots to the public. Instead, decisions on whether to release mugshots are left to the discretion of investigative agencies, allowing inconsistent policies on the release of these records to be applied throughout the State. This bill would provide a uniform policy that all mugshots are to be made available to the public.

A.B. 2832
Prohibits a person from charging a fee to stop publishing personal identifying information obtained through the criminal justice system.

S.B. 961
Prohibits a person from charging a fee to stop publishing personal identifying information obtained through the criminal justice system.

New York
A.B. 8731
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

S.B. 3384
Provides for the application for sealing a record of conviction; establishes waiting periods for various certain agencies to maintain records; maybe unsealed at the time of an arrest; prohibits the publication of sealed records; prohibits the waiver of this section at the plea.

S.B. 7304
Relates to when booking photographs taken after the arrest of a person or the defendant shall be made publicly available.

North Carolina
S.B. 744
Prohibits law enforcement agencies from providing a copy of a booking photograph if the photograph will be placed in a publication or posted to a website that requires payment of a fee for removal of the photograph.

S.B. 493(v. 4)
Provides that arrest photographic images are not public.

South Carolina
S.B. 700
Relates to the destruction of records where charges have been dismissed; provides that a person or entity who publishes on the person or entity’s publicly available website a mug shot of a person whose charges have been discharged, dismissed, or the person has been found not guilty, shall, without fee or compensation, remove the mug shot from the person or entity’s website within thirty days of the person sending a written request to the person or entity.

Virginia
S.B. 137
Status: Failed
Relates to arrest photos on Internet; makes it a Class 1 misdemeanor for the owner of a website to post both an arrest photo and solicit, request, or accept money for removing the photograph.

S.B. 286
Status: Failed
Relates to arrest photos on Internet; makes it a Class 1 misdemeanor for the owner of a website to both post an arrest photo and solicit, request, or accept money for removing the photograph.

Wyoming
S.B. 53, Act 35
Status: March 10, 2014; Signed by Governor. Chapter 98
Relates to trade practices; provides for the removal of arrest photographs from websites as specified; provides for penalties; provides for an effective date.

2013 Mugshot Legislation

Since 2012, several states have considered or passed legislation related to the release of booking photographs or mug shots, including legislation that requires removal of mug shots if criminal charges are dropped or prohibit charges for removing photographs.

At least nine states and the District of Columbia introduced legislation in 2013. Georgia, Illinois, Oregon, Texas, and Utah enacted legislation.

Florida
H.B. 265
Status: Nov. 5, 2013; Filed.
Criminal Record Information; Defines “criminal record information”; prohibits a person engaged in publishing or otherwise disseminating criminal record information from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such information

H.B. 677
Status: May 3, 2013; In House. Died in committee.
Relates to websites containing information concerning persons charged with crimes; requires that operators of websites containing personal information of persons charged with crimes remove person’s name and information within a specified period after notice that person is acquitted or charges are dropped or otherwise resolved without conviction; provides civil penalty; provides for the presumption of defamation.

S.B. 298
Status: Nov. 4, 2013; In Senate: Referred to Criminal Justice; Commerce and Tourism; Rules
Prohibits an individual or business entity from soliciting, charging, or collecting compensation for the removal of a booking photograph or other information related to a criminal charge or conviction from the Internet or other public medium; requiring an individual or business entity that publishes booking photographs or criminal record information on an Internet website or other public medium to provide certain contact information, etc.

Georgia
H.B. 150
Status: May 6, 2013; Signed by Governor, Act No. 188?
Relates to the Fair Business Practices Act; changes provisions relating to prohibited telemarketing and Internet activities; prohibits certain persons from collecting a fee for removing certain individuals’ arresting booking photographs from a website; provides for related matters.

Illinois
S.B. 115
Status: Aug. 27, 2013; Public Act 98-0555
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept the payment of a fee or other consideration to remove, correct, or modify said criminal record information. Defines “criminal record information”. Amends the State Records Act and the Local Records Act. Makes conforming changes.

New Jersey
A.B. 3906
Status: Nov. 18, 2013; Reported out of Assembly Comm. with Amendments, 2nd Reading
Exempts mugshots of arrestees who have not been convicted of the underlying offense from the State’s open public records law.

A.B. 4083
Status: May 6, 2013, Introduced, Referred to Assembly Law and Public Safety Committee.
Requires public release of photographs of arrestees under the State’s open public records law.

S.B. 3046
Status: Nov. 14, 2013; Introduced in the Senate, Referred to Senate Law and Public Safety Committee.
Exempts mugshots of arrestees who have not been convicted of the underlying offense from the State’s open public records law.

Oregon
H.B. 3467
Status: June 6, 2013, Chaptered. Chapter No. 330
Requires persons that operate websites that disseminate photographic records of arrested individuals and charge fees for removal of these records to remove photographs and related information from all websites within their ownership or control without charging a fee when requested in writing and arrest resulted in acquittal or violation, or the following expunction.

South Carolina
S.B. 700
Status: May 15, 2013, Introduced. To Senate Committee on Judiciary.
Relates to the destruction of records where charges have been dismissed; provides that a person or entity who publishes on the person or entity’s publicly available website a mug shot of a person whose charges have been discharged, dismissed, or the person has been found not guilty, shall, without fee or compensation, remove the mug shot from the person or entity’s website within thirty days of the person sending a written request to the person or entity.

South Dakota
H.B. 1109
Status: Failed.
Provides that criminal booking photos and police logs are open records.

Texas
H.B. 2861
Status: April 9, 2013, Left pending in committee.
Relates to certain business entities engaged in the publication, republication, or other dissemination of mug shots and other information regarding the involvement of an individual in the criminal justice system; provides a civil penalty. Provides an avenue to dispute records.

S.B. 1289
Status: July 30, 2013, Filed with Secretary of State, Chap. 1200
Regulates business entities engaged in the publication or other dissemination of mug shots and other personally identifying information regarding the involvement of an individual in the criminal justice system; provides a civil penalty for violations. Provides an avenue to dispute records.

Utah
H.B. 408
Status: April 26, 2013; Chaptered. Chapter No. 404
Enacts a provision relating to photographs of criminal suspects; prohibits county sheriffs from providing a copy of a booking photograph to a person if the photograph will be placed in a publication or posted on a website that requires a payment in order to remove the photograph; requires a person requesting a copy of a booking photograph to sign a statement that the photograph will not be placed in a publication or on a website that requires payment in order to remove the photograph; relates to penalties.

District of Columbia
B. 73
Status: Jan. 22, 2013. To Council Committee on Judiciary and Public Safety.
Requires the Metropolitan Police Department to release photographs of arrested individuals to the public.

2012 Mugshot Legislation

Louisiana
2012 S.B. 452
Status: Failed
Provides that the booking photograph of any person arrested for an alleged offense held by law enforcement agencies and communication districts will be disclosed upon request.

Washington
2012 H.B. 1689
Status: Failed
Requires the department of corrections officers and chief law enforcement officers to maintain a jail register that is open to the public and includes booking photographs of each person after charges have been filed.

Public Records Background

In many states, government records generally are presumed to be open unless specific exemptions in law prevent their release. In many states, public records laws do not specifically exempt or address mug shots, meaning they may be considered public. For example, a December 2012 Oklahoma Attorney General Opinion concluded that mug shots are open records under the Oklahoma Open Records Act.

Some states’ public records laws specifically address booking/arrest photographs or mug shots, such as the following:

• Minnesota State. 13.82 (26) (e.g., provides that a booking photo is public data, but maybe withheld if the agency determines that access will adversely affect an active investigation)
• Virginia Code  2.2-3706 (e.g., adult arrestee photographs taken during the initial intake following the arrest and as part of the routine booking procedure must be released, except when necessary to avoid jeopardizing an investigation in felony cases)

Other state laws also address the release of mug shots by law enforcement agencies. For example:

• Haw. Rev. Stat. 831-3.2(e) (provides that any person entitled to an expungement order hereunder may by written application also request the return of all fingerprints or photographs taken in connection with the person’s arrest. See also Attorney General opinion regarding the law.)