Removal Obligations, Enforcement, and Online Compliance Issues

Mugshot websites have become a common source of public access to arrest records in Texas, often causing reputational harm even after charges are dismissed. Fortunately, Texas expunction laws provide strong protections to individuals whose cases qualify for expunction, including safeguards against the publication and use of their mugshots online.

Understanding how expunction orders interact with private websites is crucial to ensuring that your criminal history information is fully removed and not improperly disseminated.

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How Texas Law Regulates Mugshot Websites

Texas law prohibits the release, dissemination, or use of expunged records once an expunction order is final. This includes private entities such as mugshot websites, background check companies, and other online databases.

Key statutory provisions:
  • Tex. Code Crim. Proc. Art. 55A.401 – Prohibits the release, maintenance, dissemination, or use of expunged records for any purpose. Once an expunction is final, any entity that possesses or shares the records is legally obligated to cease doing so, regardless of whether the entity is governmental or private.
  • Tex. Code Crim. Proc. Art. 55A.353 – Requires that all entities, including private organizations, return or destroy all records subject to the expunction order and notify the court of their actions. This ensures accountability and prevents continued misuse of your records.
  • Tex. Code Crim. Proc. Art. 55A.256 – Explicitly includes private entities that maintain or disseminate criminal history information in the list of recipients of expunction orders. This ensures that mugshot websites are formally notified of their obligations under the law.
These provisions make it clear that a Texas expunction order is not limited to governmental agencies—it extends to any entity that publishes or sells criminal records, including online platforms profiting from mugshots.
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Case Law Supporting Expunction Protections


Courts in Texas have consistently reinforced that expunction is a statutory privilege with strict procedural requirements:


  • Tex. Dep’t of Public Safety v. J.H.J., 274 S.W.3d 803 – The court emphasized that courts must strictly comply with expunction statutes and that protections cannot be extended beyond what the law provides. This means entities must adhere precisely to the statutory prohibitions, including removing expunged records from their databases.


This case illustrates that non-compliance by private websites, including mugshot platforms, can constitute a violation of state law, giving individuals the right to seek legal remedies if their records remain online.


Steps to Ensure Compliance by Mugshot Websites


Even though expunction orders legally require compliance, records sometimes continue to appear online due to oversight or refusal by private entities. To address this:


  1. Obtain a Certified Copy of Your Expunction Order – This official document proves that your records have been legally expunged.
  2. Identify All Websites Publishing Your Mugshot – Conduct a thorough search to locate any online sources maintaining your records.
  3. Send Formal Notices – Notify each website of the expunction order and demand removal of your mugshot and associated records. Include a copy of the court order.
  4. Document All Communication – Keep detailed records of emails, letters, and responses to show attempts to enforce your rights.
  5. Seek Legal Assistance if Needed – If a website refuses to comply, a Texas attorney can file a motion or pursue other remedies to enforce the expunction order and remove your records.
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Why This Matters


Mugshot websites can cause lasting harm to personal and professional life, including difficulty finding employment, housing, or loans. Expunction orders in Texas provide strong statutory protection to prevent such harms, but enforcement requires diligence.


By understanding your rights and the legal obligations of these websites, you can ensure that your expunged records are fully removed and no longer used to your detriment.


Key Takeaways


  • A Texas expunction prohibits all entities, including mugshot websites, from using or disseminating your records.
  • Statutes such as Tex. Code Crim. Proc. Arts. 55A.401, 55A.353, and 55A.256 govern enforcement.
  • Texas courts, including Tex. Dep’t of Pub. Safety v. J.H.J., strictly enforce expunction protections.
  • Individuals should actively ensure compliance by notifying websites and seeking legal remedies if needed.


If your mugshot or arrest record still appears online after a Texas expunction, take action immediately. Contact a qualified Texas attorney to help enforce your expunction order, remove records, and protect your reputation.

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