Are Cobb County Records Public?

The Georgia Open Records Act (GORA) ensures access to public records except those exempted by law. According to the state's public records laws, public records refer to letters, books, documents, papers, computer-based information, tapes, data, photographs, and maps received or maintained by an agency in performing its duties. Although the GORA covers most public records in Cobb County, it does not directly cover some, such as Cobb County court records. Public access to court records is regulated by Georgia Superior Court Rule 21.

What is Exempted Under the Georgia Public Records Act?

According to O.C.G.A. § 50-18-71, individuals can access all public records in Cobb County except those exempted from disclosure by law or court order. Public agencies would only release records exempted under the Georgia Public Records Act to record holders, their legal representatives, a person with a court order, or government officials who need access to them for business purposes. Below are some records that are exempted under the Georgia Public Records Act (O.C.G.A. § 50-18-72):

• Trade secrets
• Jury list data
• State and federal tax records
• Case documents relating to an ongoing investigation
• Building mapping information
• Juvenile case records
• Records that are of historical research value
• Records relating to weapons carry licenses
• School safety plans prepared by a public entity
• Attorney work product and communications subject to attorney-client privilege
• Medical or veterinary records whose disclosure would be an invasion of personal privacy.
• Department of Early Care and Learning records containing personal identifying information
• A record that contains a person's name and driver's license information collected and kept for purposes of O.C.G.A. § 20-2-1127
• The Georgia Department of Natural Resources records containing information about the location or character of a historic resource.
• Any law enforcement records that disclose:
  • The identity of a confidential source
  • The existence of a confidential surveillance or investigation
  • Investigative or prosecution material which would endanger a person's life or physical safety
• A governmental agency's confidential evaluation or examination records relating to the appointment or hiring of a public officer or employee.
• Records whose disclosure would compromise security against sabotage or terrorist acts and the nondisclosure would help protect life, safety, or public property.
• Athletic or recreational program records that contain personal identifying information (like name, address, telephone number, or emergency contact) of a child about 12 years of age or below.
• Any data of the Commissioner or the Department of Labor relating to an investigation under O.C.G.A. § 39-2-18 about minors employed as actors or performers
• An agency's real estate appraisals, engineering, or feasibility estimates pertaining to the acquisition of real property until the property is acquired or the proposed transaction has been terminated.
• Records about proprietary information, including rating systems, surveys, rating plans, underwriting rules, statistical plans, or inspections used to provide liability insurance or self-insurance coverage to any agency.
• Records containing a public employee's personal information, such as a home address, medical and insurance information, social security number, home and personal telephone number, card and bank information, day and month of birth, and utility account number.

Cobb County Public Record Search

Each agency in Cobb County typically has distinct methods for individuals to access records. However, the steps are somewhat similar across board. They are as follows:

• Identify the relevant agency: The requester must determine the agency in charge of the records they seek. For example, individuals requesting probate records should direct their inquiries to the Cobb County Probate Court, while those seeking inmate or jail records must contact the Cobb County Sheriff's Office. Submitting a public record request to the wrong agency can cause delay or denial.
• Make a request: Most agencies have online portals where individuals can view public information for free, while others have request forms that can be submitted to the custodian in person, via mail, or online. Agencies not providing online means for submitting public records requests allow record seekers to request via mail, email, or in person at their offices.
• Fees and response times: The Georgia Public Records Act permits agencies to charge fees for redacting, retrieving, and searching public records (O.C.G.A. § 50-18-71). Additionally, they can charge no more than 10¢ per page for copying a record. Once a request for public records is made and the necessary fees are paid, the agency will respond within 3 business days.

Requesters should provide clear and specific descriptions of their desired records for efficient and effective searches. They are typically required to include specific information that will aid the case search process, such as a party name, filing date range, and case number. Note that those requesting certified copies from a clerk's office via mail may also need to provide an addressed, stamped envelope that will be used to mail back their response.

Find Public Records For Free in Cobb County

Interested members of the public may find public records for free using Cobb County online databases. For example, the Cobb County Board of Tax Assessors provides property information at no cost on its Property Search portal. Alternatively, individuals can freely access Cobb County public records through third-party platforms. Users are typically required to provide relevant search criteria to help streamline search results and locate the appropriate record. Third-party portals may return limited public information for free searches but will usually provide comprehensive information to paying or registered users.

How to Remove Information From Public Records Free

Residents can remove their information from public records for free if they follow the procedure or submit the appropriate form available on the record custodian's website. Generally, only those who meet certain eligibility criteria can have their records removed from the public view. For example, individuals who want to restrict access to their criminal records must satisfy the condition in O.C.G.A. § 35-3-37.

Who Can Access Cobb County Public Records in Georgia?

Per O.C.G.A. § 50-18-70, any citizen of Georgia can access Cobb County public records without delay from the public agency in charge of such records. However, confidential records are only open to a select few, such as the subjects of records, their attorneys, or anyone with a court order.

What Happens if I Am Refused a Public Records Request?

The records custodian of any public agency in Cobb County is responsible for compliance with the Open Records Act. The law requires them to respond to requests for public records within 3 business days. However, they can deny access to records in whole or part if such records are exempt from public disclosure. If this is the case, the record custodian must send a written response within three business days. The response must specify the legal authority exempting the record from disclosure.

The Georgia Open Records Act does not provide a specific process for record seekers to appeal the denial of access to government records. However, they can file a complaint with the Cobb County Superior Court with the assistance of a registered attorney (O.C.G.A. § 50-18-73).