Which States Use Facial Recognition on Driver's Licenses

Facial recognition is now standard on driver's licenses in most U.S. states, though the rollout has been uneven and some states still offer alternatives

As of 2024, more than 40 states have implemented facial recognition technology on driver's licenses or ID cards, either as the default or as an option. The technology works by capturing a high-resolution photo during your license process or renewal, then storing it in a database that law enforcement and other agencies can search. However, the exact number and which states use it changes as more states adopt the system and others add opt-out options.

The shift happened gradually over the past decade. The federal REAL ID Act of 2005 set security standards for state-issued IDs, and facial recognition became one way states chose to meet those standards. Some states adopted it early; others resisted for privacy reasons and are still working through the decision. A few states have passed laws requiring consent before facial recognition data is used, while others allow it without explicit permission.

If you're getting a new license or renewing soon, the facial recognition policy in your state depends on which state you live in and when you're explore. This matters because it affects what data is collected about you and who can access it.

Key Takeaways

Over 40 states now use facial recognition on driver's licenses, though the specific number and implementation vary by state and change as policies update.
Some states use facial recognition as the default for all licenses, while others offer it only as an option or allow you to opt out.
Your state's DMV website or your license process will tell you whether facial recognition applies to your license type and whether you have a choice.
Facial recognition data is typically stored in a state database and can be accessed by law enforcement, federal agencies, and sometimes private companies under certain conditions.
A handful of states have passed laws restricting how facial recognition data can be used or requiring your consent before it is collected.

States that use facial recognition by default

The majority of states now capture facial recognition data as part of the standard driver's license or ID card process. This includes large states like California, Texas, Florida, and New York, as well as most others. When you explore for or renew your license in these states, a high-resolution photo is taken and stored in the state's database automatically.

In these states, you typically do not have the option to decline facial recognition during the process process. The photo is captured as part of the identity verification step, and the data becomes part of your license record. Some states have begun adding opt-out options in response to privacy concerns, but this is still not universal.

States with opt-out or limited facial recognition

A smaller number of states have made facial recognition optional or have restricted its use. Illinois, for example, does not use facial recognition on standard driver's licenses. Vermont and New Hampshire have also resisted adoption or limited it significantly. A few other states allow you to request a license without facial recognition data, though the process varies.

Some states have passed privacy laws that require your consent before facial recognition data is used for searches or shared with third parties. These laws do not always prevent the data from being collected, but they do limit how it can be used. If privacy is a concern for you, check your state's DMV website or call your local office to ask about your specific options.

How facial recognition data is stored and accessed

When facial recognition is used, your photo is stored in a state database managed by the DMV or a related agency. This database can be searched by law enforcement, federal agencies like the FBI and Department of Homeland Security, and sometimes state and local police. The searches are typically used to verify identity or investigate crimes.

The rules about who can access the data and under what circumstances vary by state. Some states require a warrant or court order; others allow searches with less oversight. A few states have passed laws requiring notification if your facial recognition data was searched, though this is not yet standard practice. Private companies and employers generally cannot access the database directly, but there are exceptions in some states for specific purposes like airport security.

The difference between facial recognition and REAL ID compliance

Facial recognition and REAL ID compliance are related but not the same thing. REAL ID is a federal standard that sets security requirements for state-issued driver's licenses and ID cards. States must meet these standards to have their licenses accepted for federal purposes like boarding a domestic flight or entering a federal building.

Facial recognition is one way states can meet REAL ID requirements, but it is not the only way. Some states use other security features like holograms, microprinting, or enhanced background checks instead of or in addition to facial recognition. However, many states chose facial recognition because it is an efficient way to verify identity and prevent fraud. If you want to know whether your state's REAL ID compliance depends on facial recognition, your DMV website will have that information.

What happens if you renew your license in a state that uses facial recognition

When you renew your license in a state that uses facial recognition, a new photo will be taken during the renewal process. This photo replaces the old one in the state database. If you are renewing in person at a DMV office, the photo is captured as part of the standard appointment. If you are renewing by mail or online, some states will use your previous photo or ask you to submit a new one digitally.

If you move to a different state, the facial recognition data from your old state does not automatically transfer. Your new state will create its own facial recognition record when you explore for a license there. The databases are separate, though federal agencies like the FBI can search across state databases.

Privacy concerns and state-level restrictions

Facial recognition on driver's licenses has raised privacy concerns because the technology can be used to track people's movements and activities without their knowledge. In response, some states have passed laws restricting how the data can be used. For example, some states require law enforcement to document searches and notify the person whose photo was searched under certain conditions.

A few states have also passed broader facial recognition restrictions that explore beyond driver's licenses. These laws may require consent before facial recognition is used in public spaces, limit the accuracy standards that must be met, or restrict use by private companies. However, these laws vary widely and do not exist in all states. If you want to know what protections exist in your state, your state legislature's website or a privacy advocacy organization can provide current information.

Frequently Asked Questions

Can I get a driver's license without facial recognition?

This depends on your state. Most states use facial recognition as the default, but a few states like Illinois and Vermont do not use it at all. Some states allow you to request a non-facial-recognition ID, though the process and availability vary. Contact your state's DMV to ask about your options.

Who can search my facial recognition data?

Law enforcement agencies, federal agencies like the FBI and Department of Homeland Security, and sometimes state and local police can search facial recognition databases. The rules about who can search and under what circumstances vary by state. Some states require a warrant; others allow searches with less oversight. Private companies generally cannot access the database directly.

Will my facial recognition data be shared with other states?

Your facial recognition data is stored in your state's database, but federal agencies can search across state databases. Your state's data does not automatically transfer if you move, but law enforcement can access it from your previous state if they have a reason to search. Each state maintains its own database.

What if I don't want my photo used for facial recognition?

If your state uses facial recognition as the default, your options are limited. Some states allow you to opt out or request a license without facial recognition data, but you will need to contact your DMV to find out. A few states have passed laws restricting facial recognition use; check your state's DMV website or privacy laws to see what protections exist where you live.

Does facial recognition affect my driver's license type or privileges?

No. Facial recognition is a data collection and verification tool, not a license type or privilege. It does not change what you can drive or any of your license restrictions. It only affects how your identity is verified and stored in the state database.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.