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Chattooga County Arrest Records
A Chattooga County arrest record is a formal document detailing instances of a person being taken into custody under suspicion of committing a crime or breaking state and local statutes. When an arrest is made in Chattooga County, the arrestee is transported to the Chattooga County Jail, where they are booked into the facility's database. The information collected during the booking process and the individual's previous arrest history constitutes their arrest record. If the charge goes to court and the arrest took place in the county, the arrest record becomes a part of the Chattooga County Court Records. The Chattooga County Sheriff's Office is the primary custodian of arrest records in the county.
Are Arrest Records Public in Chattooga County?
Yes. The Georgia Open Records Act allows the inspection and copying of public records created by government agencies while executing their mandates, except otherwise exempted by the law. This right of access to public records comes with some restrictions. Per the law, public disclosure is not required for these types of records:
- Records kept confidential by state or federal laws
- Medical records
- Records created for law enforcement purposes (sources, investigation methods)
- Records of government evaluations.
What Do Public Arrest Records Contain?
Arrest records in Chattooga County that are openly available typically contain the following information:
- Full name of the arrested person
- Descriptive information about the arrestee (sex, race, height)
- Name of the arresting agency
- Arrest information (date, time)
- Description and classification of the offence
- Warrant information
- Bail or bond information.
Chattooga County Arrest Statistics
In the 2023 arrest report by the Federal Bureau of Investigation's crime data explorer, Chattooga County recorded 256 arrests. This marked a slight improvement from the previous year's record of 280 arrests. The top crime categories that led to these arrests in 2023 include All Other Offenses (Except Traffic) with 106 arrests, driving under the influence with 30 arrests, Drug/Narcotic Offense with 30 arrests, simple assault with 29 arrests, and larceny with 22 arrests.
Find Chattooga County Arrest Records
There are several local and state resources available for people who want to find information on currently incarcerated or previously incarcerated inmates. Examples of these resources include the following:
- Chattooga County Sheriff's Office: As the primary law enforcement agency in the County, individuals can contact the Sheriff's office online or visit them in person to inquire about inmate information. Information such as the inmate's name should be provided to facilitate a search. Their contact information is as follows:
35 West Washington Street
Summerville, Georgia, 30747
Phone: (706) 857-3411
Fax: (706) 857-0719
- Police Departments: Local police departments, including the Summerville Police Department and the Trion Police Department, also conduct arrests and may be able to provide arrest records upon request. Individuals can visit their offices and provide relevant details on the case to get information on an inmate.
Free Arrest Record Search in Chattooga County
Individuals interested in conducting a free arrest record search in Chattooga County can do so by contacting the local law enforcement agencies in the county. This includes the local police departments and the Chattooga County Sheriff's Office. Although inspecting a record is free, fees may apply for making copies of the record.
For an easier, user-friendly experience with a shorter turnaround time for results, an arrest record search can be conducted through third-party websites. These websites provide access to their robust databases, which contain public records aggregated from various record custodians in other counties and states across the United States. Minimal information about the case is required to search for the names of the arrestee. The more information given, the more precise the search results.
How Long Do Arrests Stay on Your Record?
Indefinitely. If left alone, an arrest record can remain on an individual's permanent record indefinitely, thereby affecting their chances of getting housing, employment, or licenses. Georgia's Second Chance Act grants individuals the ability to have their records removed from their history by expunction, restriction, or sealing them. Law enforcement officers, courts, individuals, and agencies with court orders may still have access to arrest records after they are restricted from public view.
Expunge Chattooga County Arrest Records
Expunction is the process of legally removing a criminal record from one's criminal history. In Georgia, this process is also called record restriction. The arrestee initiates this process and is not automatic. O.C.G.A. §35-3-37 governs expunctions and gives individuals the right to request to have their records be removed from public view. Expunged records are not destroyed; they are only unavailable to the public. Law enforcement agencies and courts are exempt from this restriction and can access the record if needed.
To expunge a Chattooga County arrest record, an individual's procedure depends on when their arrest occurred. If the arrest occurred before July 1, 2013, the individual fills out the Request to Restrict Arrest Record Instructions and Request Form and submits it to the arresting agency. A processing fee of up to $50 may be requested by the arresting agency as authorized by Georgian laws (§35-3-37). To expunge an arrest that happened after July 2013, the arrestee needs to contact the Prosecuting Attorney's Office with jurisdiction over their case.
In their petition, the individual needs to include evidence that proves that their right to privacy outweighs the public's right to access their arrest record, which is a public record. If the judge is convinced by the evidence, the record may be expunged or sealed. Successful expunctions are reported to the Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC) for the record to be removed from public records.
Not all charges can be expunged. In Georgia, expunction is limited to cases that are closed without conviction and some misdemeanors. Examples of these cases include the following:
- Traffic crimes (DUIs)
- Vehicular homicide
- Aggressive or reckless driving
- Domestic violence
- Sex crimes
- Armed robbery
- Murder.
Chattooga County Arrest Warrants
A Chattooga County arrest warrant is needed for an arrest when a law enforcement officer has conducted an investigation and has reasonable suspicion that a person committed a crime. To get the warrant, the officer submits an affidavit to a court establishing probable cause that the accused indeed committed the crime. Probable cause is the establishment of a reasonable link between the crime and the person to be arrested.
If the judge or magistrate is convinced of probable cause, the arrest warrant is signed, allowing the law enforcement officer to take the suspect into custody legally without infringing on their rights. Arrest warrants are only enforceable after they have been signed by a judge or magistrate within their judicial circuit. The 2024 Code of Georgia, Title 17, Chapter 4, Article 3, governs the issuance of warrants in Georgia. Per the law, the warrant should contain the following information:
- The name of the defendant
- The description of the offense (the time, date, place of occurrence, and who committed the offence was committed)
- Where the offense was committed.
- Name and signature of the issuing judge
- The issuing court
- Bail or bond information (if any)
- The arrest order.
Do Chattooga County Arrest Warrants Expire?
No. Arrest warrants do not expire in Chattooga County and other counties in Georgia. When an arrest warrant remains active until it is resolved through an arrest, it is recalled by the issuing authority, or if the wanted person dies. This means that if anyone has an active arrest warrant in their name, they can be served and arrested at any time, no matter how much time has passed. Even though a warrant is active, factors that can lead to it not being executed include the following:
- limited resources of law enforcement officers
- The severity of the case
- If the wanted person goes out of the jurisdiction of the agency enforcing the warrant
- The warrant was quashed by a court.
