Mugshots may no longer be shared by non-law enforcement agencies, PA Supreme Court Rules

A recent PA Supreme Court ruling may mean that non-law enforcement agencies can no longer share mugshots of  individuals. If you are formerly incarcerated and have had your mugshot shared by a Pennsylvania Department of Corrections “look up” tool You may have a claim – fill out our form and join our investigation!

Shub Johns & Holbrook LLP launches an investigation into non-law enforcement agencies sharing or who have previously shared mugshots of incarcerated individuals based on a recent PA Supreme Court ruling pursuant to the Criminal History Records Information Act (CHRIA).

The Pennsylvania Supreme Court recently ruled that mugshots of detained and incarcerated individuals are considered “identifiable descriptions” of incarcerated individuals, a form of information protected by CHRIA. Namely the Supreme Court stated:

[P]ursuant to Section 9121(b), criminal history record information may only be disseminated to noncriminal justice agencies and individuals by a police department, and, thus, that [a]County, as a non-law enforcement agency, is prohibited from releasing the mug shots….

This means that while police departments are still able to share mugshots, non-law enforcement agencies, like a County or a Department of Corrections, are prohibited from posting mugshots or intake photos of incarcerated individuals.

Are you a formerly incarcerated individual? Has your mugshot appeared or does your mugshot and other information appear on a Pennsylvania Department of Corrections “look up” tool? You may be impacted! Fill out a form on our website and join our investigation today!