Are Criminal Records in Cobb County Publicly Accessible?

Criminal records in Cobb County, Georgia, are generally accessible to the public, subject to certain restrictions and privacy regulations. The public can obtain information about arrests, criminal charges, convictions, and sentencing details in accordance with the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq). However, while criminal records are presumed to be public, there are exceptions based on the type of record and its status in the legal process.

Under Georgia law, criminal records are subject to public access unless specifically restricted by court order or other legal provisions. Certain records, such as Juvenile records, asked cases, or expunged convictions, are usually not disclosed to the public, even though they are technically part of a criminal history. For example, juvenile records are protected under Georgia’s juvenile code and can only be accessed under specific circumstances, such as by court or law enforcement personnel. Similarly, records that have been expunged or sealed by a court order are not available for public inspection, as expungement legally erases certain records from public view.

Moreover, while the Cobb County Public Records Act allows for public access to most criminal records, there are circumstances under which access is denied. If an Individual's criminal record is part of an ongoing investigation, certain portions of the record are typically redacted or withheld to protect the integrity of the investigation or to prevent public safety risks. On access to criminal records:

• Public access to criminal records is granted unless restricted by law.
• Certain records are either sealed, expunged, or protected by privacy regulations.
• Juvenile records and expunged convictions are not available for public access.
• Ongoing investigations typically result in redaction or withholding of records.
• Public access to criminal records is regulated under the Georgia Open Records Act.

Who is Eligible to Access Cobb County Criminal Records in Georgia?

Criminal records in Cobb County can be accessed by several different groups of people depending on the purpose of the request. Eligible groups are below:

1. Law enforcement agencies: Law enforcement officers and agencies have unrestricted access to criminal records for the purposes of investigation, prosecution, and law enforcement, and they are not required to obtain consent from individuals whose records they are accessing.
2. Employers: Unless through a statutory exemption where an employer can access certain information about a candidate without consent, an employer must obtain consent from an individual whose record he is requesting and can access the candidate's criminal records for the purpose of background checks only.
3. Attorneys can also access criminal records on behalf of clients, usually with consent, to provide legal representation.
4. Any individual may also request access to criminal records, provided that they are available, not sealed, or expunged.
5. In compliance with the Fair Credit Reporting Act (FCRA) and other privacy regulations, third-party organizations can access records with an individual's consent.

How to Request Criminal Records in Cobb County

Requesting criminal records in Cobbs County, Georgia, follows a structured process that can be done online, by mail, or in person. The step-by-step guide for requesting criminal records in Cobb County is below.

Determine the Type of Records you need. Identify whether you are requesting an arrest record, conviction record, or other criminal history data. Be specific about the individual's details (name, date of birth, case number) to streamline the search.

Submit a Request Online, By Mail, or in person.

• Online Request: You can submit an online request through Georgia's official criminal records portal, the Georgia Bureau of Investigation (GBI) website.
• By mail: send a completed request form to the relevant department (Cobb County Sheriff's Office or Clerk of Court).
• In Person: Visit the Cobb County Clerk of Court or Cobb County Sheriff's Office to make your request.

Record seekers may need to provide a government-issued ID, like a driver's license, to verify their identity. Complete the necessary forms, which can be obtained online or at the request desk. There may be a fee associated with the retrieval of criminal records, which can vary depending on the type of record requested. Fees are usually payable by check, money order, or credit card.

Online requests are generally processed more quickly, typically within a few days to a week. In-person requests may be handled on the same day, while mail requests can take several weeks.

Important Addresses:
Cobb County Sheriff's Office
1823 County Services Parkway,
Marietta, GA 30008
Phone: (770) 499-4600

• Cobb County Clerk of Court 70 Haynes Street, Marietta, GA 30090 Phone: (770) 528-1300
• Georgia Bureau of Investigation (GBI) 3121 Panthersville Road, Decatur, GA 30034 Phone: (404) 244-2600

Criminal records in Cobb County may also be obtained from third-party websites such as Georgiacourtrecords.us.

What Information Is Contained in Cobb County Criminal Records?

Criminal records in Cobb County typically contain a wide range of details regarding an individual's involvement in the criminal justice system. These records include:

• The individual's name, date of birth, and physical description, such as height, weight, race, and gender.
• Information about past arrests, including the date of the arrest, charges, and arresting agency.
• Details on the charges filed against the individual, the outcome of any trials, and whether the individual was convicted or acquitted.
• Sentencing information, including fines, probation, and imprisonment.
• Specific dates when the individual appeared in court and unique case identification numbers.
• Information about any probation or parole sentences that have been imposed, including terms and conditions of such sentences.
• Information on the type of crime (felony, misdemeanor), any special conditions related to the conviction, and whether the individual has a history of similar offenses.

Redacted information on criminal records.

• Juvenile records are generally excluded from public criminal records.
• Expunged or sealed cases are not included in public criminal records.
• Ongoing investigations may result in certain information being redacted to prevent harm to the case.

Are There Restrictions on Accessing Criminal Records in Cobb County?

Several restrictions apply to the access of criminal records in Cobb County:

• Records that have been sealed or expunged are not available for public access. They are legally erased from public view and are generally accessible by the courts or law enforcement for certain legal purposes.
• In Cobb County, juvenile criminal records are not generally accessible to the public. Only individuals with a legal interest in the case, such as parents, legal guardians, or authorized agencies, may access them.
• Records related to ongoing investigations or pending cases may have portions redacted to protect the Investigation's integrity or safeguard the rights of individuals involved.
• Certain records may be restricted by a court order either on an individual case basis or as part of protective measures.

What Happens if My Request for Criminal Records is Denied in Cobb County?

If your request for criminal records in Cobb County is denied, you need to:

• First, identify the reason for the denial, which is mostly on the record being sealed, expunged, or restricted by law.
• Secondly, if you believe your request was wrongfully denied, you can appeal the decision by submitting an appeal to the agency that denied your request (Cobb County Sheriff's Office, Clerk of Court, or Georgia Bureau of Investigation)
• If the denial is retained, you may then seek legal counsel for further steps, such as filing a formal complaint or challenging the denial in court.

How to Expunge or Seal Cobb County Criminal Records

Expungement and sealing of criminal records in Cobb County are legal processes that allow individuals to erase or restrict public access to certain criminal records. Eligibility is available for individuals who were acquitted, had charges dropped, or completed a diversion program for minor offenses. Juvenile records are sealed automatically or upon request, and some individuals can be eligible to seal their records if they were convicted of certain non-violent offenses and have not been convicted of another crime within a specific period. An individual must file a petition in the court where the case was heard. Yh court will review the petition and determine if the record qualifies for expungement or sealing.