Are Fulton County Records Public?

Yes. Fulton County records are public records under the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). As such, anyone can inspect or request non-exempted documents created or maintained by any agency or entity carrying out government functions. These records can be in various formats, including maps, tapes, books, photographs, and computer-generated records. All public agencies in Georgia are subject to this statute, including:

• All state departments, boards, and authorities
• County and city corporations, boards, bureaus, commissions, and agencies
• State political subdivisions
• School districts.

To assist its citizens in complying with the Georgia Open Records Act, Fulton County has a designated Official Custodian of Records to assist individuals with making record requests. The county’s open records request page also gives further guidelines to citizens for making an open record request for a public record. When making a record request, note that the law does not mandate public officials to create records that did not exist at the time the request was made solely for inspection. Examples of these records include Fulton County court records, vital, criminal, and property records.

What is Exempted Under the Georgia Public Records Act?

Under the Georgia Public Records Act, records made at an unreasonable time, records prohibited by a court order, or records exempted by law are not openly available. The agency exempting the record must notify the requester of the specific legal authority or law preventing them from access to the record. According to GA Code § 50-18-72, public disclosure is not required for the following records:

• National historical records or records of wildlife refuges
• Medical records
• Records kept confidential by state statutes
• Records of pending investigations or prosecutions
• Some real estate documents
• Vital Records
• Government agencies' personnel evaluations and sanctions
• Jury data
• Public bids
• Tax information.

According to the law, information in a record may be redacted instead of restricting the entire record. If an individual believes their right to access information is being infringed on, the Attorney General's Office also has an informal portal for challenging denials. If the Attorney general chooses not to escalate the case, individuals can file an appeal with the superior court within 30 days to challenge the decision. If the court determines that they need to access the record, the record custodian is court-ordered to release the record and the requester may win back their attorney fees.

Fulton County Public Record Search

Fulton County has a public records access tool through which individuals can search for public records (mostly case records) across Fulham County and other counties in Georgia. An eFileGA account is required to sign into and use this tool. The county also provides a Public Records Request form through its website through which individuals can conduct a record search. The first fifteen minutes of the search are free, after which administrative hourly costs may apply. An additional $0.10 per page may be charged for making copies of the record. Record requesters must read and comply with the terms and conditions before the form can be submitted.

In addition to making a general public record request, individuals can also make specific record requests to the particular agency serving as the custodian of the record sought. After identifying the record type and the agency serving as its custodian, individuals can submit a record request to the agency by mail, email, or phone, depending on the avenues the specific agency has made available. Fees may apply for making copies of these records and custodians are required to provide an estimate of the fees in advance.

Find Public Records For Free in Fulton County

Fulham County allows 15 minutes of free search and retrieval after which a search fee applies. Individuals can find public records for free in Fulham County using a third-party website or database. Third-party databases are repositories for public records and are not affiliated with any government agency. They usually house information from different counties and states in the U.S., which is advantageous to any individual seeking a public record as it shortens record retrieval time. Another advantage of using a third-party resource for a record request is that they usually offer a more user-friendly experience and are free from the record exemptions imposed on government sources.

A drawback of third-party resources is that they are not the official record custodian. As a result, the information contained in them may be outdated, incomplete, or inaccurate. They may also not have as many resources available through official channels, so they are unsuitable as the sole resource for public record research. Individuals should also verify information from third-party resources against official government records before using them for official business.

How to Remove Information From Public Records Free

For a record to be removed from public view, it must be eligible for removal per state laws or the laws governing the particular agency serving as its custodian. Removing information from public records for free varies with the type of record. Individuals need to contact the agency that is the custodian of the information they wish to remove and follow their specific guidelines to get the information removed. For example, for personally identifiable information in property records in Fulton County, a person can fill out an Official Written Request form and submit it to the Assessor’s office. To get a court or criminal record expunged, an individual must file an expungement application with the District Attorney's office.

District Attorney's Office
136 Pryor Street, 3rd floor
Atlanta, GA 30303
Phone: (404) 612-4980

Who Can Access Fulton County Public Records in Georgia?

The Georgia Open Records Act states that public records be made available to "any person". This clause means that unless the record is restricted or redacted, members of the public, including individuals, entities, businesses, and other agencies have the right to request an inspection or a copy of a public record. This does not, however, mean that all record requests are granted. If a record request is unclear, the record is restricted or the record does not exist, the record custodian will be unable to make the record available. A record request may also not be honored if the applicable fees for copying the record are not paid and if the requester fails to meet the specific eligibility criteria for the specific agency whose record they are seeking. An individual should confirm that they meet the eligibility criteria of the agency maintaining the record sought before making a record request.

What Happens if I Am Refused a Public Records Request?

While a record request may be denied for several reasons and due to several exemptions, the custodian must acknowledge or respond to the request within three days and provide a reason for the denial. Requestors with denied requests may appeal directly to the record custodian or file a complaint with the Attorney General’s Office. If the ruling of the Attorney General is unfavorable, the requestor may file a petition with the Fulton County Superior Court.