Are DeKalb County Records Public?

Yes, the Georgia Open Records Act (O.C.G.A. §§ 50-18-70 to 50-18-103) makes many DeKalb County records available to the public. Unless specifically exempted by legislation, this Act guarantees that public records, including documents, maps, pictures, and electronic data, are accessible for inspection.

Under the Act, any citizen may ask state and local authorities for access to their public documents. Within three business days, agencies must reply, stating whether the records exist and whether disclosure is permitted. Although the Act requires transparency, officials are not required to produce fresh reports or summaries that aren't already in existence at the time of the request.

Specific departments handle requests for records in DeKalb County. For instance, the Superior Court and land records are supervised by the Clerk of the Superior Court, who emphasizes the value of public access to Dekalb County court records and others like them. Similarly, the Sheriff's Office offers instructions for filing Open Documents Act requests about police documents.

The Georgia Attorney General's Office provides content and the entire Georgia Open Records Act text for detailed information on the law, including instructions on how to file requests.

What is Exempted Under the Georgia Public Records Act?

The Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) encourages openness by providing public access to government records. It also specifies particular exemptions to maintain a balance between the public's right to know, the confidentiality of personal information, and the efficient operation of governmental organizations.

The following are some of the Act's exemptions under O.C.G.A 50-18-72:

• Personal Information: Documents such as medical or veterinary records that would violate someone's privacy if made public.
• Records gathered for law enforcement or prosecution that, if made public, would expose secret sources, jeopardize investigations, or put people at risk are known as law enforcement and prosecution records.
• Attorney-Client Privileged Information: Conversations that are shielded by attorney-client privilege, such as strategy talks and legal advice.
• Engineering estimates and real estate appraisals are documents about the purchase of real estate that are not made public until the deal is finalized.
• Certain Employment Records: Personal documents on the employment, dismissal, or assessment of public servants.

Generally, members of the public have the right to contest a decision that denies them access to a record on the grounds of an exemption. Usually, the procedure entails:

• Asking for a Written Explanation: The agency is required to reply in writing, detailing the precise legal justification for the exception.
• An Administrative Appeal: To examine the refusal, certain agencies could have an internal appeal procedure.
• A Judicial Review: People can challenge the exemption in a lawsuit in a higher court if the matter is not settled. If the court determines that the exemption is not applicable, it will review whether it was used correctly and may order the production of data.

Citizens can efficiently navigate their rights under the Georgia Open Records Act if they are aware of these exemptions and the appeals process.

DeKalb County Public Record Search

The first steps in performing a public records search in DeKalb County, Georgia, are finding the precise record one requires and identifying the county department in charge of keeping it. Sending the application to the appropriate office is essential for a prompt response because each department is responsible for maintaining its records.

The DeKalb County Clerk of the Superior Court oversees court records, including land records and papers about criminal and civil trials. Users can view these records through their web portal, which provides search capabilities for different case categories. The DeKalb County Land Records Search can be used to find property records, such as deeds and land transactions. This online database can also be used to look for documents about real estate.

The proper court to handle vital records, like birth and death certificates, is the DeKalb County Probate Court. To make an appointment or obtain information, call (404) 371-2701 or email shharrison@dekalbcountyga.gov.

It's crucial to contact the department with the records one is looking for when submitting an Open Records Request. Departments are required by the Georgia Open Records Act to reply within three business days, stating whether the records are available and, if so, providing an estimated cost. For example, in compliance with O.C.G.A. § 50-18-71 (b), the public must make Open Records Requests via the webform on the Office of Governor's official website to any of the appointed Open Records Officers.

A requestor should always provide precise and unambiguous information in their request, such as pertinent names, dates, and case numbers, to guarantee a successful search. It is worth noting that certain records may contain material that is exempt from the Georgia Open Records Act and that there may be fees associated with copying or certifying documents. One can expedite the retrieval process and quickly get the information required by precisely selecting the record type and related department.

Find Public Records For Free in DeKalb County

Georgia's DeKalb County offers several free public record access options. For example, the DeKalb County Clerk of Superior Court maintains land and court documents, which are available online. The county's Landmark Web Official Records Search is another way to search property records.

Although third-party websites may aggregate public records, their dependability varies. While some websites may provide easy access, they may also display out-of-date or erroneous information. They might even charge for records that are otherwise available for free through official means. Thus, users are advised to confirm the legitimacy of these platforms before using them.

How to Remove Information From Public Records Free

Record restriction, also known as expungement, is a procedure available to anybody wishing to delete or restrict information from public records in DeKalb County, Georgia. This process restricts access to some criminal records, rendering them inaccessible to the general public.

In Georgia, record restriction is governed by O.C.G.A. Section 35-3-37. This statute specifies the standards and protocols for limiting access to criminal history data. Factors including the type of offense committed, the case's outcome, and the amount of time that has passed after the sentence was completed are among the eligibility requirements that are elaborated in this statute. For example, if a person has been convicted of a misdemeanor and has not been convicted of another crime during the last four years, and if they have no outstanding charges, they may ask the court for consideration of record restriction four years after serving their sentence.

It's crucial to remember that not every crime qualifies for record limitation. Sexual offenses and serious violent felonies are typically not eligible. For more information on eligibility and the application procedure, consult a lawyer or the Georgia Justice Project's resources.

Who Can Access DeKalb County Public Records in Georgia?

The Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) grants everyone in DeKalb County access to public records, regardless of citizenship or residence. Instead of imposing particular eligibility requirements on requesters, the Act guarantees that "all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from disclosure". A request must be made to the relevant county department or agency to obtain these records. Although identification is usually not necessary, processing is made more efficient by giving precise and unambiguous information about the documents being sought. Because of confidentiality agreements or privacy restrictions, some records might not be disclosed.

What Happens if I Am Refused a Public Records Request?

Under the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.), requests for public records in DeKalb County, Georgia, may be turned down for several reasons. Requests for documents exempt from disclosure—such as certain law enforcement records, papers containing personal privacy information, or materials on current investigations—are frequently denied. Requests for records not kept by the government or that are overly general may also be turned down.

The agency must give a written justification outlining the legal grounds for the refusal if the application is rejected. Even if the Act doesn't specify a formal administrative appeals procedure, one can contest the denial by bringing a lawsuit in the county's superior court. Although there is no deadline for bringing such a lawsuit, it is best to move quickly to guarantee that witnesses and records will be available.

Before filing a lawsuit, consider contacting the agency to clarify things or to clarify the specifications of the request; this could settle the matter amicably. If one goes to court and wins, the court may grant reasonable legal fees and compel the records to be released if it determines that the agency did not have a good reason for the rejection.