Was it illegal for them to take my mugshot and fingerprints when I was 16?

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Was it illegal for them to take my mugshot and fingerprints when I was 16?

About 2 years ago my sister and cousin was caught stealing and then the women told the police that it was me, so I was arrested. I told them they were mixing me up with my sister but they didn’t listen. When they took my fingerprints and mugshot they did not tell them I was charged with anything. And when I asked they said no and that I can get my mugshot expunged when I turned 18 because I was 16 at the time. Now 2 years, I applied for a job recently they said my fingerprints were denied. I called the police station and they said I was charged with robbery. I don’t know what to?

Asked on April 28, 2012 under Criminal Law, New Jersey

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Usually a person who has had their fingerprints and mug shot taken are considered under arrest and booked for violation of a criminal law. Even if the arrest does not result in a actual warrant being filed, or a criminal conviction for the offense, you will still have an arrest record. You should first check with your local district or juvenile court to see if a warrant ever issued without you knowing it. If so, then you must address it in criminal court. If not, then you must have your arrest record destroyed per the rules and regulations of your state law.


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