Bill > H446

This bill creates new regulations around booking photographs, which are initial images taken of individuals when they are booked into custody by law enforcement. The legislation prohibits law enforcement agencies from providing booking photographs to "publish-for-pay" websites or publications that charge fees for removing such images. These publish-for-pay entities will be required to remove and destroy a booking photograph within seven business days if the individual can provide documentation showing the related criminal charge was dismissed, resulted in an acquittal, was expunged, or did not result in a grand jury indictment. Websites or publications that fail to remove these photographs can face civil liability, including a minimum penalty of $100 per day for each day the image remains visible after the removal deadline. The bill allows law enforcement to continue posting booking photographs on their own agency websites or mobile applications. The new law will take effect on December 1, 2025, and will apply to booking photograph disclosures, removal requests, and related actions from that date forward. The legislation aims to protect individuals from ongoing public exposure of their booking photographs when criminal charges do not result in a conviction.

Government Affairs

https://www.ncleg.gov/BillLookUp/2025/H446