Georgia Arrest Records

Arrests in Georgia occur when law enforcement agents apprehend someone at the scene of a crime or if they have reasonable cause to believe a suspect has committed an unlawful act. After their apprehension, the arresting officers book the suspected offenders at the nearest local police department or precinct. Local law enforcement agencies in Georgia typically maintain such records, including the Atlanta Police Department, the Fulton County Sheriff's Office, the DeKalb County Police Department, and the Cobb County Sheriff's Office.

Are Arrest Records Public in Georgia?

Under the Georgia Open Records Act, arrest records are considered public information. Therefore, the general public has the right to access these records. The Law, however, exempts specific types of arrest information from public disclosure. Such exemptions include:

• Juvenile arrest records
• Records restricted explicitly by federal or state regulation or statute
• Records relating to pending police investigations or litigation
• Sealed or expunged arrest records
• Mugshots, as per O.C.G.A. § 35-1-19
• Sensitive personal information, such as Social Security numbers or a victim's name and address.

Requesters may obtain further details on the Georgia Open Records Act from the state's Office of the Attorney General's FAQ website.

Georgia Arrest Statistics

According to a 5-year National Incident-Based Reporting System (NIBRS) statistical data, Georgia law enforcement officers made 927,242 arrests between 2018 and 2023. The gender breakdown of the arrest figures indicated that males accounted for 72.11% (668,647) of all arrests during the period, while females made up 27.89% (258,595).

A breakdown of the types of offenses for which law enforcement officers detained suspects between 2018 and 2023 revealed that all other offenses, except traffic violations, were the most common, accounting for 30.57% (303,992) of the total. This was followed by simple assault at 10.09% (100,355), driving under the influence at 9.62% (95,711), and unspecified larceny theft at 8.14% (80.936).

Find Public Arrest Records in Georgia

Individuals seeking public arrest records in Georgia often begin their search with the local law enforcement agency nearest to where the arrest occurred. Under Georgia's Open Records Act, law enforcement agencies are typically required to maintain and provide access to records of their official actions, including arrest records. Such agencies usually have a Records Unit or Division that handles public records inquiries. Interested parties may contact these police departments by telephone or visit their official website to review their request procedures.

Request Procedure

Inquirers submitting a request for arrest records to a local police department or sheriff's office usually have to comply with the following requirements:

• Complete a records request form.
• Submit the request in person, by mail, email, fax, or another method specified by the agency.
• Pay a copying fee, which may vary by agency

Typically, inspecting a record in person does not attract a fee. However, charges may apply for physical or digital copies.

Requests Through the Courts

Information seekers may also request arrest-related records directly from the presiding criminal court where a case was filed. For example, the City of Marietta Municipal Court provides instructions on its website for searching case records. These searches may contain information concerning city-level misdemeanor arrests and related case documents.

Requests Through the Georgia Bureau of Investigation (GBI)

Another option is to request a Georgia criminal history record through the Georgia Bureau of Investigation (GBI). These records typically include details on the arresting agencies and charges filed. However, access to a GBI-issued criminal history record is generally limited to the subject of the record, or a private individual or business, only with the subject's signed consent in line with O.C.G.A. § 35-3-34.

Requesters typically do not need to submit a direct application to the GBI. Most local police departments and sheriff's offices also provide this service.

Non-Public Arrest Records

In addition to public records, criminal justice agencies in Georgia also maintain non-public arrest records. Such documents may contain sensitive information and are typically restricted to authorized entities or released only upon court order.

Parties who require access to non-public records (e.g., for use in a criminal court proceeding) may go through the subpoena process. This involves obtaining a court order compelling the record custodian to release the document. Procedures for issuing and serving subpoenas vary by jurisdiction and the agency involved.

Considering the complexity of this process, it is recommended that potential applicants consult with an experienced attorney for guidance and advice.

How to Lookup Arrest Records Online in Georgia

Individuals seeking arrest records online in Georgia may utilize two primary resources: official and third-party sources.

Official Sources: This includes all government websites that may feature an arrest records database, such as those of local sheriff's offices.

Third-party (or independent) Sources: These comprise all non-governmental websites that provide public records search services to interested persons, usually in exchange for a fee.

Whether accessing an official or independent site, a user typically needs to provide specific parameters to search for Georgia arrest records online; this usually includes a person's last and first name.

What is Included in Georgia Arrest Records?

According to the Georgia Open Records Act, the following arrest information is available to the public:

• An arrestee's full name (first, middle, and last), age, and address
• An arrestee's physical features (race, gender, height, weight, eye color, hair color, and scars/tattoos/marks)
• The arresting agency
• The arrest date and time
• Charge(s) and crime class (for example, whether an offense is a felony or misdemeanor)
• Warrant information, if any
• Bond information (type and amount)

How Long Do Arrests Stay on Your Record in Georgia

In Georgia, arrest records do not expire. They remain on an offender's record indefinitely. State law does not provide for the automatic removal of arrests from an offender's record after a specific period or upon meeting certain conditions. Furthermore, Georgia law prohibits the physical destruction of arrest records.

While records remain on file indefinitely, there are legal procedures that may limit their visibility:

• Record Restriction (adult records): This process restricts public access to arrest records. Once granted, the record is no longer visible to most employers and members of the public but remains accessible to law enforcement.
• Sealing (juvenile records): This involves restricting juvenile records from public access, effectively treating the matter as though it never occurred for most purposes. The procedures above require the record holder to apply. If the request is approved, the record becomes restricted or sealed but not physically destroyed.

Expunge an Arrest Record in Georgia

Record restriction limits public access to arrests on an individual's Georgia Bureau of Investigation (GBI) criminal history report. Once restricted, the record is removed from public background checks, including those used in employment screenings. However, it remains accessible to law enforcement for criminal justice purposes.

Georgia's record restriction laws are outlined in O.C.G.A. § 35-3-37. Under this law, arrests that may qualify for restriction typically include those that did not result in a conviction or eligible misdemeanor offenses.

Georgia's Record Restriction Process

• For arrests before July 1, 2013:

  1. Applicants may submit the completed form and fee to the arresting agency.
  2. The arresting agency completes Section 2 of the form and forwards it to the prosecutor's office.
  3. The prosecutor's office completes Section 3 and decides within 90 days.
  4. Both the applicant and the arresting agency are notified of the decision.

• For arrests on or after July 1, 2013:

  • Submit the request directly to the prosecutor's office.
  • The prosecutor reviews the request and decides within 90 days.

If approved, the prosecutor forwards the application to the Georgia Crime Information Center (GCIC) database, which the GBI maintains.

Note: If the prosecutor does not have GCIC access, the applicant must send the approved application, along with a $25 GCIC processing fee (money order or certified check payable to Georgia Bureau of Investigation), to:

Georgia Crime Information Center – Record Restrictions
P.O. Box 370808
Decatur, Georgia 30037-0808

The GCIC typically processes requests within two to three weeks and sends a letter confirming completion by mail.

Denials and Appeals
If a prosecutor denies the application, the applicant may file an appeal in the county's superior court within 30 days of the denial.

How Do I Find Recent Arrests in Georgia?

Local sheriff's offices in Georgia typically maintain and publish information on recent arrests within their counties. Interested parties may access these records online or in person. Most sheriff's departments offer official web portals that allow access to details about individuals arrested locally. However, it is crucial to note that these platforms cover a limited time frame, depending on the agency's policy.

For instance, the Clarke County Sheriff's Office Jail Booking Report provides requesters with access to information on individuals arrested and booked into the county jail within the last seven days. The Paulding County Sheriff's Inmate Inquiry resource also offers arrest information for the county dating back to 2013.

Are Georgia Arrest Records Free?

Yes, certain arrest records are free in Georgia. The Georgia Open Records Act guarantees the public's right to inspect or obtain copies of government records, including arrest records. Consequently, public viewing of arrest records that do not result in making copies of documents is usually free. However, a fee is typically charged when someone requests a copy of a record. Requesters can pay these fees using accepted payment methods, such as cash, money order, check, or other forms. The available payment options depend on the method of application, whether it is in person, by mail, fax, or other means.