Banks County Arrest Records

Arrests in Banks County, Georgia, typically occur and are necessary when law enforcement officers have reasonable grounds (legally referred to as probable cause) to believe that a particular individual has committed a crime or is about to do so.

The Field Operations Bureau of the Banks County Sheriff's Office is primarily responsible for conducting investigations, responding to initial calls for service, and arresting perpetrators and other individuals suspected of criminal activity. In addition, municipal police departments, such as the Homer Police Department, are authorized to make arrests within their respective city limits.
Individuals suspected of committing felonies are usually held at the Banks County jail pending arraignment. While the Sheriff's Office and other law enforcement agencies are required to maintain a record for each arrest they make, formal arraignment and conviction records are generally maintained in the Banks County Court Records.

Are Arrest Records Public in Banks County?

Banks County arrest records are generally public, and the public's right to inspect them is guaranteed under the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). However, the law prohibits the production of arrest records where production is reasonably likely to disclose:

• The identity of an informant;
• confidential investigation or prosecution material which would endanger the life or physical safety of any person or persons; or
• the existence of a confidential surveillance or investigation.

Additionally, the release of booking photographs is governed by strict accessibility rules under GA Code § 35-1-19 (2024).

Banks County Sheriff's Office provides access to the initial arrest report and incident report at:

160 Windmill Farm Road,
Homer, GA
Phone: (706) 677-2248
Monday- Friday
8:00 AM- 5:00 PM

Banks County Arrest Statistics

According to the 2024 Summary Report Uniform Crime Reporting (UCR) Program released by Georgia Crime Information Center, the following offenses were reported in 2024: Banks County Population Murder 0, Rape 0, Robbery 0, Aggravated Assault 2, Burglary Larceny 3, Theft Motor Vehicle Theft 18, Arson HT (Comm. Sex Acts) 0, HT (Inv. Serv.) 0, Index Crime Total 27.

Find Banks County Arrest Records

As the Agency primarily responsible for prosecuting criminal offenses in Banks County, the Sheriff's Office provides inmate information through its official website. To access inmate information in Banks County, follow the steps provided below:

• Visit the Banks County Sheriff's Office website
• Scroll to the bottom of the page and click the “Inmate Search” option
• Search generally or narrow down search results by selecting any of the options provided above:
  1. Current Confinements
  2. Admits by Date Range
  3. Charges
  4. Arresting Agency

Open Records Request: through the Sheriff's Office open records process, individuals may submit an open records request to the Sheriff's Department for:

• Incident Reports
• Accident Reports
• Case Files
• Arrest/Detention Records

Open record requests can be submitted online at the following link:
SHERIFF'S DEPARTMENT OPEN RECORDS REQUESTS

Arrest records can also be accessed in person by visiting or calling the Sheriff's Office directly at:

Banks County Sheriff’s Office
160 Windmill Farm Road, Homer,
GA 30547
Phone: (706) 677-2248

Requesters will be notified within three business days if the record requested is indeed a public record.

Banks County Arrest Records Vs. Criminal Records

Arrest records encompass the entire process of reporting and investigation, from responding to a call for service to arrest, through to documentation of the charges brought against an arrestee. More specifically, Banks County arrest records contain the arrested individual's name, age, sex, booking date, arresting agency, arrest date and time, bond total, and the charge meted against them.

In contrast, criminal records are far more extensive in scope. Their range spans all the details in an arrest record, as well as records created or held by other government bodies involved in the justice administration process, such as courts and correctional facilities. These include arraignment, trial information, and conviction, discharge, or acquittal.

How Long Do Arrests Stay on Your Record?

In Banks County and other counties within Georgia's borders, arrest records remain on official records and are publicly accessible indefinitely unless the arrestee has successfully applied for a record restriction, and even then, they are only withdrawn from public view, not destroyed.
Under Georgia Code O.C.G.A. § 35-3-37, the stipulated eligibility requirements for having a record sealed include:

• Being acquitted of the charge
• Dismissal of the charge
• If the prosecution did not pursue the case
• Wrongful arrest

Note: Certain serious felonies and gross misdemeanors are not eligible for sealing under Georgia Law.

Banks County Arrest Warrants

State law prohibits law enforcement from effecting certain arrests without a valid arrest warrant. This typically occurs when law enforcement lacks probable cause to arrest, or when a crime has occurred and the probable cause justifying arrest only arises after the fact. In such instances, law enforcement must first obtain an authority to proceed from the court before effecting an arrest. To obtain the requisite warrant, cogent circumstantial evidence positively pointing to the suspect's guilt must be established before the judge.

Consequently, an arrest warrant is a legal document issued by a judge to give law enforcement the requisite authority to detain and bring a suspect into custody. A valid arrest warrant typically contains the following details:

• The law enforcement officer(s) to whom it is addressed;
• A directive commanding the law enforcement officer to arrest the suspect;
• The suspect's name, and
• The judge's signature.

Additional instances that may justify the issuance of an arrest warrant include disobedience to a summons, jumping bail, and being the subject of a fresh criminal investigation.

Do Banks County Arrest Warrants Expire?

Arrest warrants do not expire. They remain valid and enforceable until the named suspect has been arrested and brought before the court.
Although rare, there may be grounds for quashing a warrant, these include:

• Mistaken identity; and
• Evidence of the suspect's death.

Expunge Banks County Arrest Records

Banks County arrest records can only be sealed, and expungement is not recognized as a legal remedy under Georgia Law. Sealing connotes the removal of the arrest information from public background checks.

Below are the steps to follow to have an arrest record expunged:

• Ensure the arrest meets the criteria under the O.C.G.A. § 35-3-37. Cases that ended without a conviction, involving specific juvenile or first-time offender offenses, are usually eligible for expungement.
• Eligible individuals seeking expungement are required to file their request with the Banks County Sheriff's Office. To file the request, they will need to provide the arrest report and the court disposition.
• The request is forwarded to the prosecuting attorney. If approved, the Georgia Crime Information Center (GCIC) will update the record to reflect its restricted status.
• Successful expungement means that the arrest record will become inaccessible to the public. However, it is typically still accessible to the court and authorized law enforcement officers.