Mugshots Elimination Act of 2017

“(i) Procedure for removal of booking photograph from file

“(1) In general—If a consumer desires to remove a booking photograph of the consumer contained in the consumer's file at a consumer reporting agency, the consumer may submit a request to remove such booking photograph to the agency directly, or indirectly through a reseller, or to the furnisher of such booking photograph. The consumer reporting agency shall remove such booking photograph from the consumer’s file—

“(A) not later than 30 days after the receipt of such a request, if the consumer submits such request to the agency directly or indirectly through a reseller;

“(B) not later than 45 days after the receipt of such a request, if the consumer submits such request to the furnisher of such booking photograph.

“(2) Notification to consumer reporting agency—If a furnisher of a booking photograph receives a request from a consumer to remove such booking photograph from the consumer’s file, such furnisher shall submit such request to each consumer reporting agency described under section 603(p) not later than 5 days after receipt of such request.

“(3) Booking photograph defined—In this subsection, the term booking photograph means a photograph of a consumer taken—

“(A) at the time of arrest;

“(B) at the time the consumer enters into custody prior to or during that consumer’s trial; or

“(C) upon conviction or thereafter, when committed to the custody of any correctional agency or facility.”