Many people may not know this, but North Carolina has a mugshot law that requires the removal of criminal records and mugshots from public domain websites. The details surrounding this law can be confusing and difficult to understand, which is why we’ve put together this overview of North Carolina mugshot law. We’ll examine the basics of the law, who it applies to, and how to go about requesting a removal.
What is North Carolina Mugshot Law?
The NC General Statute § 15A-150.14 states that people charged with a crime in North Carolina have the right to request that their criminal record and/or mugshot be removed from any website or online publication where it appears.
This includes both private and public websites, such as newspapers and other media outlets. In order for the request to be valid, it must include a court order from an appropriate judicial authority granting the removal. Once the court order is received, then the website or publication must remove all content related to the person’s criminal record or mugshot within 10 days.
Who Does It Apply To?
The NC General Statute § 15A-150.14 applies to any person who was charged with a crime in North Carolina and has had their charges dismissed or reduced before trial or who has been found not guilty by a jury at trial.
This means if you were charged with a crime in North Carolina but never convicted of it, you have the right to request that your criminal record and/or mugshot be removed from any website or online publication where it appears.
How Do I Request Removal?
If you want to request removal of your criminal record and/or mugshot under NC General Statute § 15A-150.14, you must first obtain a court order granting your request for removal from an appropriate judicial authority (typically either the District Court or Superior Court).
Once you have obtained this court order, then you can submit your request for removal directly to each website or publication where your criminal record and/or mugshot appear (note: some websites may require additional information beyond just the court order).
It is important to note that all requests must be submitted within 30 days of when charges are dismissed or reduced before trial or when a not guilty verdict is returned at trial; any requests submitted after this 30 day period will not be eligible for consideration under NC General Statute § 15A-150.14.
What Happens After I Request Removal?
Once you have submitted your request(s) for removal under NC General Statute § 15A-150.14, each website or publication will review your submission(s) within 10 days of receipt (note: some websites may have different timelines).
If all requirements are met (e.g., valid court order), then they will remove all content related to your criminal record and/or mugshot within 10 days as required by law; however, if there are any issues with your submission(s) (e.g., incomplete paperwork), then they may contact you directly for additional information before deciding whether or not to grant your request(s) for removal.
To Conclude
With this knowledge in hand about North Carolina’s mugshot law legalities, individuals can make informed decisions about how best to protect their privacy going forward regardless of their past run-ins with the legal system here in North Carolina!
