California Mugshot Removal & Expungement Guide
How mugshot removal, expungement, and record sealing actually work under California law.
California law in this area is often described inaccurately, so it's worth being precise. A 2022 law (Penal Code § 13665) restricts police and sheriff's departments from posting booking photos of people arrested for nonviolent offenses on social media, and requires those agencies to remove a posted photo within 14 days of a request — but that law applies to law enforcement agencies' own social media accounts, not to commercial mugshot websites.
Separately, California Civil Code § 1798.91.1 (from a 2014 law) bans charging a fee to remove a booking photo — this does apply to anyone publishing booking photos, including commercial sites. It stops sites from monetizing removal, but it doesn't create a standing legal requirement that a site remove your photo simply because you ask.
California doesn't technically "expunge" (destroy) most records, but it offers two related paths worth knowing about.
Penal Code § 1203.4 lets you petition to have a case dismissed after successfully completing probation. It withdraws your plea and dismisses the case, releasing most penalties tied to the conviction — but the record isn't erased or sealed; it remains public, now showing as "dismissed" rather than convicted.
Penal Code § 851.91 covers arrest records specifically where no charges were ever filed, charges were dismissed, or you were acquitted. A successful petition to seal under this section means the arrest is treated as if it "did not occur" for most purposes, with limited exceptions such as certain licensing and law enforcement jobs.
- Dismissal under PC § 1203.4: Generally available once probation is completed (or terminated early); no fixed additional wait for those who finished probation
- Sealing an arrest record under PC § 851.91: No fixed statutory wait — available once charges were never filed, were dismissed, or resulted in acquittal
Locate every copy of your booking photo
Commercial mugshot sites frequently scrape and republish the same public arrest record.
Send a direct removal request
California doesn't mandate free removal on request the way some other states do, so a direct request is a starting point, not a guarantee — document it in writing regardless.
Pursue search-engine de-indexing where a site won't cooperate
Since California's removal-fee ban (Civil Code § 1798.91.1) doesn't force takedown, de-indexing is often the more reliable lever when a publisher is unresponsive.
Address the underlying record through PC § 1203.4 or § 851.91 where eligible
This won't force a site to remove an already-published photo, but it changes what shows up on official background checks going forward.
Because California doesn't guarantee free, on-request removal from commercial sites, we lean harder on direct negotiation with publishers and search-engine de-indexing to get results — typically within our standard 72-hour filing window, with de-indexing following in about 5–7 days.
State law affects your legal options, but it doesn't determine which website is publishing your mugshot. See our site-by-site removal directory for site-specific removal steps once you know where your listing is.
This page is for general information only and is not legal advice. Laws summarized here are current as of publication but change frequently — consult a licensed attorney in your state before relying on them for your specific situation.
Frequently Asked Questions
Does California law force mugshot sites to remove my photo?
Not directly. California bans charging a fee for removal (Civil Code § 1798.91.1), and separately restricts police agencies' own social media posting (Penal Code § 13665) — but no California law requires a private commercial mugshot site to remove your photo simply because you ask.
Is a California "1203.4 dismissal" the same as expungement?
It's often called that, but it doesn't erase or seal your record — it dismisses the case and releases most penalties, while the record remains public, now showing as dismissed rather than convicted.
Can I seal my California arrest record if I was never convicted?
Often yes, under Penal Code § 851.91, if charges were never filed, were dismissed, or you were acquitted. A successful petition treats the arrest as not having occurred for most purposes.
How long does mugshot removal take in California?
There's no statutory deadline forcing removal, so timelines depend on the specific site and whether de-indexing is needed. Our cases typically move within 72 hours for takedown requests and 5–7 days for de-indexing.
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