Posting someone’s criminal record on Facebook is not automatically illegal, but it can become illegal depending on accuracy, context, intent, and state law.
Criminal records may be public, but that does not mean they can be shared freely without consequences.
When Posting a Criminal Record Is Generally Legal
Posting may be legal when all of the following are true:
- The information is accurate
- The case resulted in a conviction
- The information comes from a reliable public source
- The post is not misleading or exaggerated
- The post is not intended to harass, threaten, or shame
Sharing a factual news article about a conviction without added commentary usually falls into this category.
When Posting a Criminal Record Becomes Risky or Illegal
Most legal problems arise from how the information is presented, not whether it exists.
Arrests Without Convictions
Arrests are not proof of guilt. Posting arrest records without noting dismissals or acquittals can create a false impression and expose the poster to defamation claims.
Expunged or Sealed Records
Once a record is expunged or sealed, sharing it can violate state law or court orders. Posting expunged records often creates legal liability.
False or Incomplete Information
Leaving out key facts can be defamatory. Common issues include:
- Posting charges without outcomes
- Calling someone a criminal without a conviction
- Sharing mugshots without case resolution
- Mixing multiple cases inaccurately
Accuracy includes context.
Harassment or Intent to Harm
Even true information can become unlawful if used to harass, intimidate, or encourage others to target someone. This may violate harassment or cyberstalking laws.
Mugshots
Mugshots are heavily scrutinized. Many states restrict their use, and Facebook often removes them when used to shame or harass.
Defamation Laws Still Apply on Facebook
Facebook does not protect users from defamation claims.
A post may be defamatory if it:
- Makes a false or misleading statement presented as fact
- Harms someone’s reputation
- Is shared negligently or maliciously
Truth alone does not guarantee protection if the presentation is misleading.
Facebook’s Own Rules
Even if a post is legal, Facebook may still remove it.
Facebook commonly removes content that:
- Accuses individuals of crimes
- Targets private individuals
- Encourages harassment or shaming
- Shares personal information without consent
Platform rules focus on harm, not legal technicalities.
Public Figures vs Private Individuals
Private individuals have stronger legal protection than public figures. Posting criminal history about a private person carries higher legal risk, especially when there is no public interest.
Age of the Record Matters
Older convictions, especially minor ones, are more likely to be viewed as harassment when reposted years later. Courts increasingly consider long-term reputational harm.
Can You Be Sued?
Yes.
Lawsuits may involve:
- Defamation
- Invasion of privacy
- Harassment or cyberstalking
- Emotional distress
- State privacy violations
Claims focus on intent, accuracy, and harm.
If Your Criminal Record Was Posted on Facebook
Document the post immediately.
Report it to Facebook under harassment, bullying, or privacy violations. If the record is expunged or inaccurate, state that clearly.
In some cases, legal or formal takedown requests are necessary.
When Professional Help Is Useful
Cases involving repeated posts, multiple platforms, or search visibility often require more than reporting.
NewReputation helps assess legality, platform violations, and suppression options when removal is not possible.
Bottom Line
Is it illegal to post someone’s criminal record on Facebook?
Sometimes.
Public records do not give unlimited permission.
Context and intent matter.
Accuracy matters.
Posting without understanding the risk often creates more problems than it solves.
West Virginia alumni with a background in marketing and sales for both established companies and startups.