In 2019, New York lawmakers tried to change how mugshots are handled by the public. Their goal? Stop websites from using FOIL (Freedom of Information Law) to collect booking photos and post them online for profit.
The effort wasn’t a full ban. But it did signal a shift. Courts in New York now treat mugshots differently than they used to.
Here’s what you need to know about mugshots in New York, what the law says, and what it means for you if your arrest photo ends up online.
Want to know more about mugshot laws? Check out our full article on Mugshot laws across the U.S.
What Changed in 2019?
The proposed change came through Budget Bill A.2005-A / S1505-A, sometimes called New York’s “mugshot ban.” It aimed to stop public agencies from releasing booking photos through FOIL unless the police could prove a specific law enforcement purpose.
That means if a website filed a public records request for your mugshot, the agency could say no — unless releasing it helps with an investigation or public safety.
Key points:
- No automatic access to mugshots through FOIL
- Law enforcement can still release mugshots for their own reasons (e.g., press releases or fugitive alerts)
- Booking information not clearly defined, which leaves some gray area on what else can be withheld
This wasn’t a full ban like other states. But it gave police and courts more power to say no to mugshot requests, especially if they were being used to exploit people.
Looking for a broader or more specific solution? Start with our full guide on how to remove mugshots from Google.
Why the Change Was Needed
For years, mugshot websites in New York used FOIL to collect arrest photos. Then they charged people to take them down. Some charged $500 or more per image, even if the person was never convicted.
Judges noticed and started pushing back. By 2018, New York courts were already denying mugshot FOIL requests that had no clear public interest. The 2019 bill backed up that shift with policy.
Is There a Mugshot Ban in New York?
No. New York did not pass a full mugshot ban. But the courts have moved away from automatically releasing mugshots.
Today:
- Police can still release mugshots at their discretion
- FOIL requests are usually denied unless a valid reason is given
- News media may still publish mugshots released by law enforcement
If your mugshot appears online, it’s likely not from a FOIL request. It may have been pulled from a police department’s social media post, press release, or court filing.
What Happens If Your Mugshot Is Online in New York?
If your booking photo is posted on a third-party site, you may still have options, especially if your charges were:
- Dismissed
- Sealed or expunged
- Resulted in a not guilty verdict
Some mugshot sites voluntarily remove photos upon request. Others do not. Since New York doesn’t have a law banning pay-to-remove practices (like Florida or California), you may need legal support or a reputation management service to get it taken down.
Check out Google’s Results About You tool to monitor if your mugshot is appearing in search results.
Mugshot Websites and Public Data in New York
Because New York does not define “booking information,” some agencies have taken a broader interpretation. In some cases, police departments may withhold:
- Arrest date
- Charges
- Booking photos
- Age, race, or other identifiers
This has caused concerns from journalists and civil rights advocates, who say the lack of transparency could hurt accountability.
Still, the intent behind the policy was clear: stop mugshot sites from using public data for profit.
How to Remove Your Mugshot in New York
Even without a formal mugshot law, you can still take action if your arrest photo is online:
1. Contact the Website
- Ask for voluntary removal, especially if the case was dismissed or sealed.
- Include proof of dismissal or expungement if available.
2. Check Google’s Removal Tools
- Use the Outdated Content Tool or Results About You to report search result issues.
3. Seek Legal Help
- If a site is demanding money, consult an attorney. Some practices may rise to the level of extortion.
4. Work with a Reputation Management Expert
- For long-term cleanup, professionals like our team at Guaranteed Removals can help suppress the content from search results.
FAQs About Mugshots in New York
Are mugshots public record in New York?
Not always. Mugshots are no longer automatically released under FOIL. Agencies may deny requests unless there’s a clear law enforcement reason.
Can mugshot sites still charge removal fees in New York?
Yes. Unlike some other states, New York does not ban pay-to-remove schemes. You’ll need to make a removal request or seek legal help.
Can the police still post mugshots?
Yes. Police departments can still release mugshots in press releases or on social media.
Does the law apply to court records?
No. The change only affects FOIL requests. Court records and official police statements are still governed separately.
Can I remove a mugshot from Google in New York?
If the image is taken down from the source, you can request Google remove the cached result. If it’s still online, suppression strategies may be needed.
Get Started With Our Mugshot Removal Service today
Guaranteed Removals Mugshot Removal Service
Guaranteed Removals Mugshot removal service focuses on removing mugshots and criminal records from the internet, Google and other search engine providers. Our services aim to enhance your online reputation and build trust.
There is no obligation or risk. You only pay after we permanently remove the negative content from the source.
Get started and take control of your online presence today.
