Getting arrested in California is bad enough, but seeing your mugshot online, sometimes long after charges are dropped, can be devastating for your reputation.
To combat this, California passed SB 1027 in 2014, one of the first state laws aimed at shutting down the pay-to-remove mugshot industry. This law makes it illegal for websites to charge you money to remove or modify your booking photo, even if your case was dismissed or expunged.
Here’s what you need to know about the California mugshot law, how it works, and what you can do if your booking photo is still online.
Want to know more about mugshot laws? Check out our full article on Mugshot laws across the U.S.
What Is SB 1027?
SB 1027 directly targets websites that post arrest photos and then demand money to take them down. Before the law, many “mugshot rackets” exploited public records laws to embarrass people online and profit from their desperation.
Under California Penal Code § SB 1027, the law:
- Bans pay-to-remove practices: No person or business can accept payment to remove or alter a mugshot.
- Covers both print and online publications: It applies to any medium where mugshots are published, not just websites.
- Treats each request as a separate violation: Every time a site asks for money to remove a photo, it counts as a new offense.
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|SENATE RULES COMMITTEE | SB 1027|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 1027
Author: Hill (D), et al.
Amended: 4/21/14
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 4/8/14
AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak
SUBJECT : Booking photographs: commercial use
SOURCE : Author
DIGEST : This bill prohibits the solicitation or acceptance of
a fee to remove, connect, or modify a booking photograph, but
exempts a public entity from the prohibition.
ANALYSIS :
Existing law:
1.Declares, under the California Constitution, the people's
right to transparency in government.
2.Governs, under the California Public Records Act (CPRA), the
disclosure of information collected and maintained by public
agencies. Generally, all public records are accessible to the
public upon request, unless the record requested is exempt
from public disclosure. There are 30 general categories of
documents or information that are exempt from disclosure,
essentially due to the character of the information, and
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SB 1027
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2
unless it is shown that the public's interest in disclosure
outweighs the public's interest in non-disclosure of the
information, the exempt information may be withheld by the
public agency with custody of the information.
3.Makes certain criminal record information confidential but
requires state and local law enforcement agencies to make
public specified information, including the full name,
physical description, date and time of arrest, time and date
of booking, and factual circumstances surrounding an arrest,
except to the extent that disclosure of a particular item of
information would endanger the safety of a person involved in
an investigation or would endanger the successful completion
of the investigation or a related investigation.
4.Allows, under the Information Practices Act of 1977, an
individual to inquire and be notified as to whether a public
agency maintains a record about himself/herself. Authorizes
the public agency to charge fees, if any, to an individual for
making copies of a record.
This bill:
1.Makes it an unlawful practice for any person engaged in
publishing or otherwise disseminating a booking photograph
through a print or electronic medium to solicit or accept the
payment of a fee or other consideration to remove, correct, or
modify that booking photograph.
2.Provides the following definitions:
A. "Booking photograph" means a photograph of a subject
individual taken pursuant to an arrest or other involvement
in the criminal justice system; and
B. "Subject individual" means an individual who was
arrested and had his/her booking photograph taken.
C. "Person" means a natural person, partnership, joint
venture, corporation, limited liability company, or other
entity.
1.Authorizes a public entity to charge or collect a fee to
correct, modify, or remove a booking photograph.
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2.Provides that each payment solicited or accepted in violation
of this bill constitutes a separate violation.
3.Provides that, in addition to any other sanctions, penalties,
or remedies provided by law, a subject individual who is
aggrieved by a violation of this bill's provisions may bring a
civil action in any court of competent jurisdiction against
any person in violation of this bill for damages in an amount
equal to the greater of $1,000 per violation or the actual
damages suffered by him or her as a result, along with costs,
reasonable attorney's fees, and any other legal or equitable
relief.
4.Provides that the jurisdiction of the above civil action also
include the county in which the subject individual resides at
the time of the violation.
Background
In recent years, commercial Web sites have begun to extract and
compile criminal record information, including booking
photographs (mug shots), from certain police and sheriff's
department Web sites, post that information online, and charge
substantial fees to the subject of the criminal record
information to have that information removed. This practice is
part of a growing niche industry, "the mug-shot racket."
According to a recent article, "[e]xploiting Florida's liberal
public-records laws and Google's search algorithms, a handful of
entrepreneurs are making real money by publicly shaming people
who've run afoul of Florida law. Florida.arrests.org, the
biggest player, now hosts more than 4 million mugs. On the
other side of the equation are firms like RemoveSlander,
RemoveArrest.com and others that sometimes charge hundreds of
dollars to get a mugshot [sic] removed. On the surface, the
mug-shot sites and the reputation firms are mortal enemies. But
behind the scenes, they have a symbiotic relationship that
wrings cash out of the people exposed. . . . None of this
appears to be illegal, but it demonstrates an unintended
consequence of state transparency laws." (Cravats, Mug-Shot
Industry Will Dig Up Your Past, Charge You to Bury It Again
(Aug. 2, 2011)
[as of Mar.
27, 2014].)
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The mug shot business has now expanded to California and,
according to a recent Los Angeles Times article, is impacting
California residents by affecting their employment prospects and
causing humiliation. (Lopez, Lawsuit targets website that posts
mug shots (Jan. 22, 2014)
[as of Mar. 27, 2014].) Existing
California law requires public access to public agency
information but does not prohibit individuals from collecting
mug shots of individuals and charging exorbitant fees for
removal of the mug shots.
Comment
The author writes:
Since 2010, there has been a proliferation of [Web sites] that
charge hundreds of dollars, and in some cases thousands of
dollars, to have police mug shots removed from their sites.
These fly-by-night enterprises often sully reputations and
hinder employment opportunities, regardless of whether charges
are dropped.
While at least twenty states have introduced or passed
legislation to bar this extortion like practice, current
California law is permissive, allowing [Web sites] to charge
exorbitant fees to remove a mug shot from the internet.
For example, Bob DeBrino, a film producer who has worked with
such luminaries as director Sidney Lumet and actors Gary
Busey, Steve Baldwin and Vin Diesel, said his business deals
have collapsed since his DUI booking photo was posted on the
internet.
The former New York City police officer was arrested by
Glendale police in January 2013 on suspicion of driving under
the influence of methadone and the prescription drug Adderall.
The medication was prescribed by doctors in preparation for
surgery. The DUI charges were dropped after the Los Angeles
County District Attorney's Office rejected the case.
But DeBrino's unflattering mug shot remains plastered on [Web
sites] that he said are demanding he pay them thousands of
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dollars to take it down. "This has been a damn nightmare,"
said DeBrino, who received dozens of citations for bravery
before retiring early from the NYPD due to injuries sustained
in the line of duty, including being shot while foiling a bank
robbery. "It's about time to stand up to these con men who
are ruining lives."
SB 1027 seeks to end the for-profit dissemination of arrest
information [and] would make it unlawful to solicit or accept
payment to remove, correct, or modify the criminal record
information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/22/14)
Association for Los Angeles Deputy Sheriffs
California Law Enforcement Association of Records Supervisors,
Inc.
California State Sheriffs' Association
Legal Services for Prisoners with Children
Los Angeles Protective League
Riverside Sheriffs' Association
AL:k 4/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****Penalties for Violating the California Mugshot Law
If a website breaks the law, you can take legal action. Victims can file a civil lawsuit and seek:
- $1,000 per violation or actual damages (whichever is greater)
- Attorney’s fees and court costs
This gives people leverage to fight back against exploitative mugshot websites without needing to pay removal fees.
Looking for a broader or more specific solution? Start with our full guide on how to remove mugshots from Google.
Does the Law Apply to Police Departments or Official Records?
No. Public agencies, like police departments or court clerks, can still charge administrative fees to correct or update official records.
SB 1027 only applies to private websites and publishers that profit from mugshot removal. Official booking records remain public under California law, but commercial use is restricted.
Why California Passed SB 1027
Before SB 1027, mugshot sites were charging hundreds or even thousands of dollars to remove arrest photos, even for people who were never convicted. These practices damaged reputations, cost people jobs, and made it harder for individuals to move on from past mistakes.
By outlawing this business model, California aimed to protect residents from:
- Public shaming for non-convictions
- Predatory online removal fees
- Lasting reputational harm caused by old arrests
Mugshots.com Owners Charged in California
In 2018, California made headlines when the owners of Mugshots.com were arrested and charged with extortion, money laundering, and identity theft.
Prosecutors alleged the site exploited thousands of people by posting their booking photos and demanding payment, often hundreds or even thousands of dollars, for removal. Victims included individuals whose cases were dismissed or never prosecuted.
The case highlighted why California passed SB 1027 and showed how seriously the state takes mugshot extortion. It also served as a warning to other pay-for-removal operators: this business model is illegal in California and can lead to criminal charges.
How to Remove a Mugshot in California
Even with SB 1027 in place, mugshots can still show up online. Here’s how to handle it:
1. Send a Formal Removal Request
If the site is violating SB 1027, send a written request stating:
- Your full name
- The URL of the mugshot page
- A demand for removal under SB 1027
2. Document Everything
Save screenshots of the mugshot and any emails or payment demands from the site. This evidence can help if you need to file a lawsuit.
3. Take Legal Action if They Refuse
If the site ignores your request or demands money, you can pursue damages under SB 1027.
4. Suppress It from Search Results
Even after removal, old mugshot pages can linger in Google search results. You can request outdated content removal from Google or work with a reputation management service to push down harmful links.
FAQs About California's Mugshot Laws
Are mugshots public record in California
Yes. Mugshots are public records under California law, but SB 1027 restricts how private sites can use them. Law enforcement agencies can release them, but commercial pay-to-remove practices are banned.
Does SB 1027 automatically remove my mugshot?
No. The law bans pay-for-removal but doesn’t delete existing mugshots. You still need to request removal from the site or work with legal or reputation management services.
Can police in California post mugshots online?
Yes. Police can still release mugshots for public safety reasons or include them in press releases, but this does not give private sites the right to charge removal fees.
How much can I sue for under SB 1027?
You can seek the greater of $1,000 per violation or actual damages, plus attorney’s fees and legal costs.
How do I remove a mugshot from Google in California?
Once the mugshot is removed from the site, you can submit an Outdated Content Removal request to Google. If it’s still online, suppression and SEO strategies may be required to push it down.
Does SB 1027 apply to arrests that were expunged?
Yes. If your case was expunged, dismissed, or you were never convicted, the law still protects you from pay-to-remove schemes.
Key Takeaways
- Illegal to charge removal fees: Private sites can’t profit from taking down booking photos.
- $1,000+ fines per violation: Each unlawful removal request is enforceable in court.
- Public agencies exempt: Police and court records remain public, but mugshot sites cannot exploit them commercially.
- Protects against predatory sites: SB 1027 was designed to stop websites from profiting off reputational harm.
California’s mugshot law gives residents strong protections against pay-to-remove schemes, but it doesn’t automatically erase your booking photo from the internet. If your mugshot is still online, you can use SB 1027 to demand removal, or work with professionals to clean up your search results.
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