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Are mugshots public in Texas?

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    In the age of social networks, we love to share our private lives with others. However, there is some information that we prefer to keep private. More and more websites are posting mugshots, and people are finding that their criminal records, no matter how accurate, are available online for anyone to see.

    Do mugshot policies differ by city or county in Texas?

    Yes, it all depends on the city or county in question and the unique process for accessing mugshots. All of Texas’ criminal records are available on the Texas Department of Public Safety website. However, these records may not include a mug shot of the individual. Some smaller counties in Texas continue to reserve photographs, which are only available to the public upon written request.

    Some counties only publish mug shots from Texas online after the person has been convicted. Most Texas cities and counties release the names and registration photos of all suspects before a decision is made.

    Texas Mugshot Law

    In addition to requiring media organizations to stop the voluntary publication of mugshots, the Texas legislature has attempted to regulate the mugshot removal industry. In fact, Texas is one of 18 states with laws aimed at restricting business practices for removing mugshots from the Internet.

    In September 2013, the legislature amended the Texas Business and Commerce Code (SB 1289) by prohibiting businesses from releasing criminal history information (including mug shots) if the business received a non-disclosure or deletion order. If the Company does not remove the information upon receipt of any of these documents, it must pay up to $500 per day to the person whose information is released, as well as pay that person’s legal fees.

    The Truth About Mugshot Websites

    While there is no Texas mugshot law requiring them to do so, most websites are reasonably ethical and understanding. Some of these sites may claim to be First Amendment advocates and share mug shots to provide free access to information.

    The truth is a little more complex. Publishing mugshots aims to provide entertainment and generate revenue by increasing website traffic. These websites do not exist for any malicious reason other than to make money. However, site owners can agree to have their mugshots removed through an informal or formal request.

    Mugshot websites get a lot of traffic on the internet. These popular websites post arrests and arrest photos of celebrities, athletes and ordinary people. Due to the high volume of traffic on these websites, mug shots can appear at the top of internet search results. Whether or not you are guilty of a crime, having a mugshot posted on any of these sites could have long-term consequences for you and your future.

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