Clayton County Arrest Records

Clayton County residents occasionally get arrested by law enforcement officers when suspected of committing a crime. However, law enforcement is legally required to possess an arrest warrant before making any arrests. Arrest warrants are issued by a criminal court judge in the jurisdiction where a suspect resides. For a warrant to be issued, law enforcement officers must present evidence before the court to establish that the individual to be named on a warrant has committed a crime. Arrests may only be made without a warrant if the suspect committed the crime in the officer's presence or if the officer has probable cause linking the suspect to the crime.

After an arrest, an arrestee is then taken to the county's detention facility, where they are held pending court arraignment. During intake at the facility, a law enforcement officer creates a record of the arrestee's basic personal information (name, address, date of birth, occupation, race, etc.), the arrest incident (date, time, and location), and information about the charges that led to the arrest. This record is officially known as the suspect's arrest record and is a vital part of any other record that may be generated in relation to the arrest, such as the person's Clayton County court records and criminal records.

Are Arrest Records Public in Clayton County?

Yes, Clayton County arrest records are public under the Georgia Open Records Act. Provisions under this act afford the public the right to view, review, and copy arrest records maintained by law enforcement agencies in the county. However, this law exempts certain records from public disclosure due to the sensitive nature of their content. Sensitive portions of such records are typically redacted from public websites and physical copies before disclosure to requestors. Sometimes, entire case records are non-disclosable. General exemptions include:

• Sealed or expunged records
• Identifying witness information
• Identifying juvenile information
• Information about ongoing criminal investigations
• Information that may endanger any person or law enforcement officer if disclosed.

What Do Public Arrest Records Contain?

The following are public components of arrest records:

• Full name, gender, date of birth, and other identifying details about the arrestee
• The name of the arresting agency, and sometimes the name of the arresting officer
• The arrest date, time, and location
• The charges that led to the arrest
• Biometric data (fingerprints and pictures).

Clayton County Crime Rate

According to the 2022 Crime Statistics Summary Report published by the Georgia Bureau of Investigation, Clayton County's total crime index for the said year was 2,935. Larceny was the most prevalent crime, with 1,765 cases, while there was no recorded case of human trafficking involving sexual acts. Other notable crimes reported in the same year were 399 motor vehicle thefts, 367 aggravated assaults, 268 burglary cases, 90 robberies, 29 rapes, 9 murders, and 7 arson cases.

The reported cases in 2022 indicated a significant drop compared to the previous year, when the total crime index was 7,219. In 2021, larceny was also the most prevalent crime, with 4,031 cases, while there were no cases of human trafficking. The crime rates per 1,000 people in 2021 and 2022 were 24.42 and 9.85, respectively.

Clayton County Arrest Statistics

While there are no public arrest statistics for Clayton County, interested parties may find statewide arrest reports on the GBI crime statistics website. Per the said report, 27,887 arrests occurred in the state in 2022; 17,845 arrests were for property crimes and 10,006 were for violent crimes. They included the following: 14,504 for larceny, 8,204 for aggravated assaults, 443 for murder, 423 for rape, 936 for robbery, 1,880 for burglary, 174 for arson, and 1,287 for motor vehicle theft.

Find Clayton County Arrest Records

The Clayton County Sheriff's Office provides an electronic docket book on its inmate search page. On this website, interested parties can look up any person held by law enforcement agencies in the county's detention facility. Searches on this website are done using an inmate's first and last name. Users can filter the search results by specifying the inmate's booking date. The provided options are for inmates booked within the last 48 hours, 14 days, or 31 days. Information obtainable from this search includes the arrestee's basic details (full name, sex, address, weight, race, and height), booking details (date, time, and number), the name of the arresting agency, charges, and bond amount.

Clayton County residents arrested by the Federal Bureau of Investigation (FBI) are typically held at the county jail before moving to the Federal Bureau of Prisons (BOP). Researchers can find an inmate's holding facility using the Federal Inmate Locator. Once located, they can use inmate search options provided by the concerned agency.

Free Arrest Record Search in Clayton County

The sheriff's online docket book does not require a fee for use. Researchers may also inspect records at the sheriff's office or the police department that made an arrest for free. Fees are only required if a request involves copying. Alternative free options are third-party websites provided by private information companies. These websites are usually searchable by an inmate's first and last name. Note that these sites typically charge fees for users who require more extensive arrest information.

Get Clayton County Criminal Records

Clayton County criminal records are official documents used to preserve information about crimes committed by county residents. They detail people's involvement with law enforcement and the county's justice system concerning their criminal activities. The Clayton County Sheriff's Office is the sole custodial agency for all county criminal records. A person's criminal record typically encompasses information about arrests, convictions, sentencing, probation and paroles, fees and fines, and bond. Depending on the nature of the search, a researcher may find notifications about sealed or expunged criminal records.

Interested parties should contact the sheriff's office for records. Note that criminal records are not generally public. Parties with general access to these records include record subjects, their attorneys, law enforcement officers, and third parties with special authorization. Eligible persons should submit an open record request to the sheriff's office along with a government-issued ID. On the record request, they must provide reasonable identifying information about the record's subject.

Additionally, a requester may query the clerk's office at the court where the criminal case in question was filed. Records related to sex offenders in the county are available online. Statewide searches may be performed through the Georgia Sex Offender Registry. Criminal background checks are mostly done during employment and housing screenings.

Clayton County Arrest Records Vs. Criminal Records

Clayton County arrest records and criminal records are used by law enforcement agencies and the judicial system and they both serve similar purposes. More so, a person's arrest records may be treated as a subset of their criminal record, as arrests are crucial parts of the criminal record creation process. However, there are various distinctions between the two types of records. The main difference is in the depth of information they provide. Key distinctions are:

Arrest records:

• Only document information about arrest incidents and provide information such as the name of the arresting agency, the arrest date, time, and location.
• May exist for non-conviction, dismissed, or withdrawn cases.
• Do not include court dispositions.
• They do not conclusively imply that their subject was guilty of the named charges.
• Only contain information about arrests made by the specific agency that maintains them.

Criminal records, on the other hand:

• Cover extensive information about their subjects' criminal charges, the resulting court hearing, sentencing, and parole.
• Only exist for individuals that were convicted.
• They typically include court dispositions.
• Their existence always implies guilt.
• They contain information generated by multiple agencies.

How Long Do Arrests Stay on Your Record?

Records on arrest incidents where the suspect was convicted of the pressed charges stay on record indefinitely. However, Clayton County operates under the Georgia Second Chance Law. This law enables arrestees to expunge certain arrest and conviction records. Eligible crimes are those related to less serious crimes like shoplifting, criminal trespass, minor possession of alcohol, and non-domestic assault. Under this law, the record's subject must have fulfilled the terms of the sentence associated with the crime in question and must not have had any convictions in the last four years.

Expunge Clayton County Arrest Records

Most Clayton County arrest records can be expunged if the associated crime qualifies for expungement or the arrested individual meets the required criteria. Most misdemeanor arrests and arrests that were closed without a conviction can be expunged. People usually file for record expungements due to the negative impacts arrests and other kinds of criminal records may have on their ability to secure employment, housing, or licenses. An expungement does not entirely erase records, but only removes them from public databases and websites. Law enforcement agencies and courts still have access to them.

An expungement process begins when an arrestee or their attorney petitions a court with criminal jurisdiction (typically the superior court). Following this, the court reviews and schedules a petition hearing, where it may decide to grant or deny the petition. If the court grants the expungement petition, the petitioner must then apply to the district attorney or the agency that made the arrest using the Request to Restrict Arrest Record Form with a copy of the disposition from the expungement hearing.

Note that certain agencies may have other special forms required for the expungement process and typically charge fees of up to $50.00. The record removal may take up to three weeks, after which the arresting agency notifies other agencies with access to the affected records to remove them from their public database. Record subjects also get notified by mail.

The arresting agency also notifies state agencies, such as the Georgia Crime Information Center (GCIC), of the expungement order. Where the arresting agency fails to notify the GCIC, the petitioner has to do so themselves. They must forward all relevant documents granting the expungement, along with the applicable processing fee (payable by money order or certified check) to:

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

Clayton County Arrest Warrants

Judges or magistrates in Clayton County may issue an arrest warrant if law enforcement provides sufficient probable cause, establishing the likelihood that a suspect committed a crime. The arrest warrant is an official document that sets forth the arrest clause authorizing the arrest. Apart from law enforcement officials, crime victims may apply for arrest warrants to get the perpetrator of the crime arrested. This is usually followed by a hearing where the applicant must provide evidence to establish probable cause.

The judge may issue the warrant or deny the application, depending on the strength of the evidence presented during the hearing. While warrants are typically necessary for an arrest, law enforcement officers are authorized to arrest suspects if they witnessed the crime. Arrest warrants generally contain the following details:

• The full name of the suspect
• Identifying information about the suspect, such as gender, race, height, and weight
• If known, additional information, such as age, address, and occupation, about the suspect
• The name, title of office, and seal of the issuing authority
• The date of issuance
• The arrest clause
• The charges leading to the arrest.

Clayton County Arrest Warrant Search

Clayton County residents may search for warrants at the county sheriff's office or at the clerk's office of the courthouse where the warrant is believed to have been issued. In Georgia, in-person warrant searches at the county sheriff's office do not require a fee. To search for a warrant on any person, an inquirer must possess the suspect's full name and date of birth. A government-issued ID is typically required for searches to be done at the sheriff's office.

Individuals who have reason to suspect the existence of a warrant for their arrest should have their lawyer search on their behalf, as an appearance at the sheriff's office may result in their immediate arrest if the warrant exists.

Do Clayton County Arrest Warrants Expire?

No. Clayton County arrest records do not expire, as no statutes of limitation exist that determine their expiry. They stay valid until the individual named on the warrant is arrested or dies. Other than these, an arrest warrant may only expire if the issuing authority recalls or quashes it.