Mugshot Removal Laws in Oregon: What You Need to Know

January 31, 2025

Mugshots can leave a lasting impact on an individual’s reputation, often lingering online long after an arrest or conviction. For many, these images persist in public records, search engine results, and law enforcement databases, creating ongoing challenges. Oregon law provides pathways for removing mugshots under specific circumstances, offering individuals a chance to restore their reputation.

The Purpose of Mugshots in Law Enforcement Records

Mugshots, also referred to as booking photos, are images taken by law enforcement agencies during the arrest process. Their primary purpose is for identification, serving as a visual record tied to an individual’s arrest or criminal charge. Mugshots are typically included in law enforcement records and official court records, ensuring accurate documentation for future reference.

However, these images are often disseminated as public records and can quickly spread across search engines like Google or websites that publish arrest records. While initially intended for identification purposes, the release of these photos can lead to unintended consequences, such as reputational damage or difficulty securing employment, housing, or other opportunities.

Mugshot Removal in Oregon: Key Legal Framework

Oregon law has evolved to address the widespread publication of mugshots online. House Bill 3273, passed by the Oregon legislature, prohibits websites from charging individuals a fee to remove mugshots, addressing a common exploitation tactic. The bill also includes specific requirements for law enforcement agencies regarding the release and removal of booking photos.

Under the bill:

• Mugshot publication is prohibited unless tied to public safety concerns, such as active criminal investigations.
• Individuals can request mugshot removal through a written request or electronic copies of official court records.
• Law enforcement agencies must comply with removal requests for arrests that result in a dismissal, acquittal, or expungement.
• Websites that publish mugshots are required to delete these records upon receiving proof of eligibility.

Steps for Removing a Mugshot in Oregon

The process for mugshot removal in Oregon involves several key steps. Individuals must meet specific legal criteria to request the deletion of their booking photo:

1. Determine Eligibility:
   • Individuals with dismissed charges, an acquittal, or an expunged record may qualify for mugshot removal.
   • Those still facing active criminal charges or convictions may face restrictions on removal eligibility.
2. Submit a Written Request:
   • Provide proof of eligibility, such as court documents showing the charge was dismissed or the record expunged.
   • Requests must be submitted to the law enforcement agency responsible for the arrest or the website hosting the mugshot.
3. Pay Applicable Fees:
   • Some agencies may charge a small fee for processing the removal request. However, websites charging excessive fees are in violation of Oregon law.
4. Follow Up:
   • If a law enforcement agency or website fails to comply with your removal request, additional legal action may be required. This can include filing a violation complaint or consulting an attorney.

Challenges of Mugshot Removal

Mugshot removal can be a complicated process, particularly for individuals unaware of their rights under Oregon law. Websites often oppose removal requests or delay compliance, requiring persistent follow-up. Additionally, the publication of arrest records on the internet means these images are often indexed by search engines, further amplifying their visibility.

To navigate these challenges effectively:

• Retain copies of all communications with law enforcement agencies and websites.
• Work with an attorney experienced in record expungement and privacy laws.
• Utilize tools to monitor search engine results and ensure compliance with removal requests.

Alternatives to Mugshot Removal

For individuals who cannot immediately remove their mugshots, options such as expungement or record sealing may offer additional protections. Expungement involves filing a formal request to have an arrest or conviction cleared from official court records, making it inaccessible to the public. In Oregon, eligibility for expungement often depends on the nature of the criminal charge, time elapsed since the conviction, and the completion of sentencing requirements.

By pursuing expungement:

• Mugshots and associated arrest records can be deleted from public and law enforcement databases.
• Individuals can prevent further publication of their photographs or records online.

Consequences of Leaving a Mugshot Online

Failing to address the presence of a mugshot online can lead to long-term adverse effects. Mugshots often appear prominently in search engine results, affecting personal and professional opportunities. Employers, landlords, and others frequently conduct online background checks, and visible arrest records can result in lost opportunities.

Additionally, the ongoing publication of booking photos can have serious mental health consequences. The public scrutiny and stigma associated with an arrest record—whether or not it resulted in a conviction—can lead to anxiety, depression, and social isolation.

Protecting Your Reputation in Oregon

Mugshot removal is an essential step in protecting your reputation, particularly in a world where search engine results shape public perceptions. By understanding Oregon’s legal framework and taking proactive measures, individuals can regain control over their personal information.

If you are navigating this process, consult an attorney to ensure your rights are protected. Organizations like the American Civil Liberties Union of Oregon and The Innocence Project can also provide valuable resources and support. Addressing these issues head-on can help restore your dignity and mitigate the long-term impact of a mugshot on your personal and professional life.

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