Can Your Mugshot Be Expunged or Deleted After an Acquittal?

The domain of criminal records and expungement is complex, especially concerning mugshots. If acquitted in court, you might wonder if the record of your mugshot can be removed or expunged. This article aims to clarify these points and explore the legal and practical aspects of expungement in different jurisdictions.

Understanding Acquittal and Criminal Records

No police record will list the person as acquitted. However, records cannot be entirely removed or expunged after the matter is closed. In many cases, if you are involved in another crime, the old records might be referenced. For all practical purposes, when a police report is needed, it may report that "no criminal case is pending." This typically means that if no new charges are filed, the police will likely not pursue the matter further.

The Role of Fingerprintable Arrests and Conditions

Even if you do not have a fingerprintable arrest in your record, the process can be complex. Charges are often dismissed under certain conditions set by the court. For example, the accused might plead guilty, accept community service, or make restitution, after which the case is dismissed in the interest of justice. It is important to note that this does not imply innocence but rather an outcome deemed in the best interest of justice.

Expunging Mugshots and Criminal Records

The process of expunging a mugshot or completely removing it from public records is possible in some cases, but it may require significant effort and time. In the past, in states like Texas, it was feasible to expunge all records of an arrest, making it difficult for others to find a record of your arrest. However, with the advent of the internet, the landscape has changed.

Unfortunately, there are unregulated companies collecting public records, making it increasingly challenging to fully remove a mugshot or criminal record. While some websites may attempt to charge hundreds of dollars and it may take time, it is indeed possible to achieve expungement. Websites like Encybernet offer services to help with this process, although it is important to be cautious and do your research to ensure the reliability and legitimacy of the service.

Current Legal Status in the UK

In the UK, the situation with mugshots is different. Historically, mugshots were only taken once you were formally charged, not just arrested. If acquitted, these mugshots and corresponding fingerprint records were typically destroyed. However, the law has since changed, and it is now mandatory to take and retain standard samples, including mugshots, fingerprints, and DNA samples (affectionately known as a "gobswab"), upon arrest or reported arrest for an arrestable offense. These records are retained regardless of the court's outcome.

This extensive database has implications for expunging mugshots. In the UK, it is currently not possible to expunge mugshots from these records. The European Union is also still reviewing the issue of record retention, but as of now, the system you have described is the legal norm.

Conclusion

While the process of expunging a mugshot or criminal record can be challenging and time-consuming, it is not impossible. Understanding the legal framework and utilizing reputable services can significantly improve your chances of achieving this goal. Whether through local legal mechanisms or professional services, the fight for your privacy and the removal of a wrongful accusation is certainly worth pursuing.

Keywords: mugshot expungement, acquittal, criminal record removal