While mugshots are still “public records” in the investigative sense, their general publication for public consumption is strictly limited to prevent permanent digital reputational damage for individuals who have not been found guilty.
Are Mugshots Public Record in Virginia?
Under the Virginia Freedom of Information Act (VFOIA), most records held by public bodies are presumed to be open to the inspection of the public. This traditionally included arrest records and booking photographs.
However, Virginia law makes a critical distinction between “Criminal Incident Information” and “Criminal History Record Information.”
- Public Access: Per VA Code § 2.2-3706, law enforcement agencies are generally required to release the identity of adults who are arrested and charged, along with the status of those charges.
- The Mugshot Rule: Adult arrestee photographs taken during initial intake are technically public documents. However, police departments have the discretion to withhold them if releasing the photo would jeopardize an ongoing felony investigation.
- Virginia Federal Arrest Mugshots vs. State Arrest Photos
- Virginia DUI Mugshots: Search DUI Arrest Booking Photos
- How Long Do Mugshots Stay Online in Virginia?
- Are Virginia Mugshots Public Record? FOIA & Booking Photo Access
- Virginia Mugshot Laws: What’s Legal to Publish and What Isn’t
Virginia’s Stance on “Mugshot Extortion”
While a website may legally obtain a mugshot through a FOIA request, Virginia has strictly outlawed the “shakedown” business model common among third-party arrest aggregators.
The Anti-Fee Statute: VA Code § 18.2-186.4:1
This is the most important law for anyone seeking removal. It is a Class 1 misdemeanor for any person or website to:
- Publish a person’s name and photograph.
- Coerce or intimidate that person by demanding money to remove the image.
Legal Reality: In Virginia, the act of posting the photo is often legal, but the act of charging for its removal is a crime. If a site asks you for a “donation” or “service fee” to take your picture down, they are in direct violation of state law.
Virginia Mugshot Laws: What’s Legal to Publish?
Understanding the boundary between a “public record” and “illegal harassment” is key to protecting your reputation.
What is Legal to Publish:
- Government Portals: Local Sheriff’s Offices and the Virginia State Police can legally host “Recent Arrests” or “Most Wanted” galleries on official government domains.
- News Media: Genuine news organizations (newspapers, TV stations) have a First Amendment right to publish mugshots as part of their reporting on criminal justice matters.
- Third-Party Aggregators (With Caveats): Sites like Arrests.org can legally display public record data unless they attempt to charge a fee for removal or use the data to harass the individual.
What is Illegal to Publish (or Prohibited):
- Expunged Records: Under VA Code § 19.2-392.2, if a court orders an expungement, it is a crime for any official to disclose that record. For private sites, while they may have scraped the data before the expungement, they lose their “public record” defense once they are notified that the record has been legally sealed.
- Juvenile Mugshots: Virginia law (VA Code § 16.1-299) generally prohibits the public release of photographs of minors taken during the intake process, with very limited exceptions for violent felonies.
How the 2026 “Clean Slate” Act Changes the Game
As of July 1, 2026, Virginia’s landscape for criminal records is shifting toward “Automatic Sealing.”
Under this new framework, many misdemeanor convictions and dismissed charges will be automatically sealed from public view after a set period of good behavior. Once a record is sealed under this act, it is no longer considered a “public record” under FOIA, providing you with a much stronger legal standing to demand that third-party websites remove the associated mugshot.
Official References
- Virginia Law – Code § 18.2-186.4:1: Read the full text of the law prohibiting the solicitation of fees for mugshot removal.
- Virginia Freedom of Information Advisory Council: The official body that provides guidance on what law enforcement records must be made public.
- Virginia State Police – CCRE: Information on how the Central Criminal Records Exchange manages and disseminates criminal history.
Virginia Mugshot Legality
| Action | Legal Status |
| Police releasing photos of current arrests | Legal (Under FOIA) |
| News stations publishing photos of a trial | Legal (1st Amendment) |
| Websites charging a fee to remove a photo | Illegal (Class 1 Misdemeanor) |
| Disclosing a legally expunged record | Illegal (Criminal Offense) |
| Publishing photos of a minor (under 18) | Restricted (Usually Illegal) |