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Are mugshots public record in Florida, and can you get one taken down?
Are mugshots public record in Florida? Yes, as a rule, an adult photo is open under Chapter 119.
TL;DR: Are mugshots public record in Florida? Yes, for an adult, the photo is open under Chapter 119. The sheriff or city police holds the photo. State law bans a mugshot site from asking a fee to take the photo down. The rule sits at section 901.43(1), Florida Statutes. The law does not force the site to pull the photo. A sealed or expunged file is shut, and so is a cop’s photo.
Are mugshots public record in Florida?
Yes, an adult photo in this state is a public record. Section 119.07(1), Florida Statutes, opens arrest files to any person.
The photo is part of the arrest file. It is not held back as active criminal investigative information. See section 119.071(2)(c)1., Florida Statutes.
The right to see arrest files also sits in Article I, section 24, of the state’s constitution. Each office may black out some fields in the file.
The photo itself is open unless an exemption fits. A sealed or expunged file is shut, and so is a cop’s photo.
Which Florida agency holds the booking photograph?
The office that made the arrest holds the photo. For most cases that is the county sheriff or the city police.
Each office keeps the arrest file and the fingerprint for its own cases. The state criminal history list sits with the Florida Department of Law Enforcement.
The office that holds the photo is the one to ask. A short note to the records clerk is the clean path.
Can a Florida mugshot removal site charge me to take down a public record?
No, the site may not ask a fee to take the photo down. State law bans the pay for take down setup on mugshots florida sites and others.
What section 901.43(1), F.S., says
Section 901.43(1), Florida Statutes, aims at mugshot publishers. The law bans asking a fee for a take down of a booking photo.
The law aims at mugshot sites that charge for a take down. It covers the fee only, not the choice to post the photo.
What the statute does not do
The law does not force the site to take the photo down. It does not make an on request right to pull the photo.
If the site asks a fee, that is where the law bites. If the site keeps the photo up with no fee, section 901.43(1) does not reach that call.
Can I get my Florida mugshot removed from public records?
A court order can shut the file at the office that holds it. The two paths are sealing and expunction of state arrest files. The order binds the state’s agencies, not a private site.
Court-ordered sealing
Section 943.059, Florida Statutes, lets a court seal some arrest files. The office keeps the file but shuts it to the public.
Once a court seals the file, the office may not say it is there. See AGO 94-49 for the same rule from the state AG.
Court-ordered expunction
Section 943.0585, Florida Statutes, lets a court expunge some arrest files. The office pulls the file from public view and from most agency files.
The office treats an expunged file as if it is not there. The same AG rule fits the expunged file.
Private websites
A seal or expunction binds the state’s criminal justice agencies. It does not force a private site to pull a photo it has posted.
For a private site, you have three tools. One is the fee ban in section 901.43(1). The site’s own terms and a civil claim are the next two.
That is how to remove mugshot from internet pages when the site will not act on its own.
Are juvenile mugshots public record in Florida?
It can be. Section 985.04(2)(b), Florida Statutes, lets the office opt out of posting a child’s photo online.
The rest of the file still runs under Chapter 119 for kids the law has not made closed. Some child files are shut by law. Some are open, like some felony cases.
Ask the sheriff about the child’s case in a short note. The office can tell you what is open and what is shut.
Are police officer mugshots public record in Florida?
Section 119.071(4)(d), Florida Statutes, keeps closed the photo of a current or former cop. The office must first check for a law or a strong policy need before it hands the photo out.
AGO 94-90 fits a close case. There, the law did not block the release of a deputy’s photo. The deputy was not an undercover cop.
Also see AGO 91-74 and AGO 80-96. Both back the open rule for adult arrest files at state and local offices.
How do I request a booking photograph from a Florida sheriff or police department?
Write the records clerk at the office that made the arrest. You do not have to give a reason or your name.
You can ask to inspect the file or to get a copy. The office must act in good faith and act fast.
If the office holds back part of the file, it must name the law it uses. See section 119.07(1)(e) and (f), Florida Statutes.
For a short letter, see our guide on how to write a public records request letter. For the arrest file, see how to get a police report after arrest.
Common misconceptions
A pay for take down is not a path. Section 901.43(1), Florida Statutes, bans the fee. It does not force the site to take the photo down.
A mugshot is open from the arrest date. State law does not wait for a verdict. The photo is part of the arrest file on day one, unless an exemption fits.
A court seal does not sweep the web. It binds the agencies that hold the file. The order does not reach private sites that reposted the photo.
A child’s photo is not always shut. Section 985.04(2)(b), Florida Statutes, lets the sheriff opt out of online posting. The rest of the file follows Chapter 119 for kids the law has not made closed.
A note on the state sex offender registry
The state keeps a sex offender registry that is open to the public.
The offender registry is a list set by state law. It is not the mugshot rule in Chapter 119. The booking photo of a listed person is open on that site.
Related
- Are arrest records public in Florida?
- Are sealed or expunged records accessible in Florida?
- Are police reports public record in Florida?
- Are records of active criminal investigation public in Florida?
- How to get a Florida police report after arrest
- When does the active investigation exemption end in Florida?
Frequently asked questions
- Are mugshots public record in Florida?
- Yes, in most cases. A photo is part of the arrest file, and arrest files are open to all under Chapter 119. The two carve outs are a cop's photo and a sealed or expunged file.
- How to remove mugshot from internet in Florida?
- A court order to seal or expunge shuts the file at the office that holds it. Private sites are not bound by that order. Section 901.43(1), Florida Statutes, bans a site from asking a fee to take the photo down.
- Is there a Florida mugshot removal law?
- Yes. Section 901.43(1), Florida Statutes, bans a mugshot site from asking a fee for a take down. The law does not force the site to pull the photo.
- Are juvenile mugshots public record in Florida?
- It can be. Section 985.04(2)(b), Florida Statutes, lets a sheriff opt out of online posting of a child's photo. The rest of the file still runs under Chapter 119.
- Can I pay a mugshot site to take my photo down in Florida?
- Not under the law. The site may not ask a fee for a take down under section 901.43(1), Florida Statutes.
Not legal advice. Educational and informational content only. Reading this site does not create an attorney-client relationship. For advice on a specific matter, consult a licensed Florida attorney.