In 2023, Texas passed Senate Bill 509, a law that significantly restricts the release of mugshots and targets websites that profit from posting them. The goal of this law is to protect individuals from reputational harm caused by outdated or misleading arrest photos.
Here’s how the Texas mugshot law works, what it covers, and what it means for you.
Want to know more about mugshot laws? Check out our full article on Mugshot laws across the U.S.
Mugshots Are No Longer Public by Default in Texas
Under SB 509, mugshots in Texas are confidential unless certain conditions are met. This means they are no longer automatically released or accessible to the public.
Mugshots can only be released if:
- The person is convicted of a crime tied to the arrest
- The person is a fugitive or imminent public threat, and police believe releasing the mugshot will help public safety
- A judge orders the release for a legitimate law enforcement purpose
If these conditions are not met, the mugshot cannot be disclosed.
88R925 MCK-F
By: Perry S.B. No. 509
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of certain mug shots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 109.005(a), Business & Commerce Code, is
amended to read as follows:
(a) A business entity may not publish any criminal record
information in the business entity’s possession:
(1) with respect to which the business entity has
knowledge or has received notice that:
(A) [(1)] an order of expunction has been issued
under Article 55.02, Code of Criminal Procedure; or
(B) [(2)] an order of nondisclosure of criminal
history record information has been issued under Subchapter E-1,
Chapter 411, Government Code; or
(2) that may not be released to the public under
Section 552.1082, Government Code.
SECTION 2. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.1082 to read as follows:
Sec. 552.1082. RELEASE OF MUG SHOTS. (a) In this section,
“mug shot” means an image taken of an individual during the process
of arresting the individual or booking the individual into jail.
(b) A mug shot may not be released to the public, unless:
(1) the individual has been convicted of a criminal
offense, other than an offense described by Subsection (c), based
upon the conduct for which the individual was arrested or
incarcerated at the time the mug shot was taken;
(2) a law enforcement agency releases the mug shot
after determining that:
(A) the individual is:
(i) a fugitive; or
(ii) an imminent threat to another
individual or to public safety; and
(B) releasing the mug shot will assist in
apprehending the individual or reducing or eliminating the threat;
or
(3) a judge orders the release of the mug shot based on
a finding that the release is in furtherance of a legitimate law
enforcement interest.
(c) A mug shot may not be released to the public if the mug
shot was taken in association with an offense for which:
(1) the conviction has been expunged; or
(2) the individual has been fully exonerated.
(d) If an individual was charged with multiple offenses
based upon the conduct for which the individual was arrested or
incarcerated at the time the mug shot was taken, and the individual
was later convicted of one or more of those offenses, the
individual’s mug shot may be released to the public unless:
(1) all of the convictions have been expunged; or
(2) the individual has been fully exonerated of all
convictions.
SECTION 3. Section 552.1425(a), Government Code, is amended
to read as follows:
(a) A private entity that compiles and disseminates for
compensation criminal history record information may not compile or
disseminate information:
(1) with respect to which the entity has received
notice that:
(A) [(1)] an order of expunction has been issued
under Article 55.02, Code of Criminal Procedure; or
(B) [(2)] an order of nondisclosure of criminal
history record information has been issued under Subchapter E-1,
Chapter 411; or
(2) that may not be released to the public under
Section 552.1082.
SECTION 4. The change in law made by this Act applies to a
mug shot regardless of the date it was created.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
When Mugshots Cannot Be Released in Texas
The law specifically prohibits releasing mugshots if:
- The case was expunged
- The person was fully exonerated
- The charges were dismissed or resulted in a not guilty verdict
Even if someone was arrested for multiple charges, mugshots may only be released if there was at least one conviction that hasn’t been expunged.
Looking for a broader or more specific solution? Start with our full guide on how to remove mugshots from Google.
Restrictions on Mugshot Websites
The Texas mugshot law also directly targets pay-to-remove websites. Under SB 509:
- Mugshot sites cannot post or sell images tied to sealed or expunged records
- These restrictions apply retroactively, covering old mugshots as well
- Websites that violate the law can face penalties and lawsuits
This closes the loophole that allowed mugshot sites to exploit old arrest records for profit.
Why the Texas Mugshot Law Was Passed
Before SB 509, mugshot websites charged hundreds of dollars to remove arrest photos, even if the person was innocent or the case was dismissed. This created lasting harm to reputations, job prospects, and personal lives.
Texas lawmakers responded by limiting public access to mugshots and banning the use of arrest photos for profit once cases are cleared.
How This Law Protects You
If your mugshot is online and your case was:
- Dismissed
- Expunged or sealed
- Acquitted
- Or you were fully exonerated
…you now have legal protection. The mugshot cannot be released by law enforcement, and websites are barred from profiting off it.
How to Remove a Mugshot in Texas
If your mugshot is still online despite the new law, follow these steps:
1. Confirm Your Eligibility
Check that your case was dismissed, expunged, sealed, or resulted in a not guilty verdict.
2. Document Your Case Outcome
Obtain certified court documents or an official expunction/nondisclosure order.
3. Contact the Website
Email or mail the website directly with proof of your identity and case resolution.
4. Cite Texas Law (SB 509)
Reference Texas Government Code §552.1082 and Business & Commerce Code §109.005, which prohibit them from posting or selling expunged or sealed records.
5. Demand Removal
State that failure to remove the mugshot violates Texas law and may result in legal penalties.
6. Escalate if Needed
If the site refuses, you may file a complaint with the Texas Attorney General’s Office or consult an attorney to pursue legal action.
FAQs About California's Mugshot Laws
Are mugshots public record in Texas
No. Under SB 509, mugshots are now confidential by default. They can only be released if there’s a conviction, a public safety threat, or a judge’s order.
Can mugshots be removed from Google in Texas?
Yes. Once a mugshot site removes the image under Texas law, it will eventually disappear from Google search results. You can also request Google to remove outdated mugshot links through its Outdated Content Tool.
Does Texas mugshot law apply to old arrests?
If your mugshot was tied to an expunged or dismissed case in Texas, it should not be accessible under SB 509. However, if it’s still online, you may need to request removal from websites directly.
Can employers still see my mugshot?
You can seek the greater of $1,000 per violation or actual damages, plus attorney’s fees and legal costs.
Do news outlets still publish mugshots in Texas?
News organizations can still post mugshots tied to serious crimes, convictions, or fugitive alerts. However, they are not allowed to profit from pay-to-remove schemes.
Legal References
The Texas mugshot law (SB 509) stops the public release of most booking photos and bans mugshot websites from using expunged or cleared records. If your case was dismissed or expunged and your mugshot is still online, you now have the legal right to demand removal and hold violators accountable.
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