Gilmer County Arrest Records

Gilmer County arrest records are the records of arrests that have been made by local law enforcement in the county. Under Chapter 4 of the Georgia Criminal Procedure, local law enforcement is empowered to arrest suspects of crime and bring them before the court.

A suspect arrested in Gilmer County will typically be taken to the Adult Detention Center operated by the county sheriff. After processing they are arraigned before a judge for a preliminary hearing. The judge will set a court date and determine if the suspect is released on bail or remains in custody till then.

The local law enforcement agencies that arrest and book suspects generate Gilmer County arrest records. The Georgia Bureau of Investigations also provides access to arrest records as part of criminal history searches. The county superior court clerk may provide arrest records of cases that went to trial in Gilmer County Court Records.

Are Arrest Records Public in Gilmer County?

Under the Georgia Open Records Act, arrest records are classified as public information. Unless specifically exempted by the act, the public may access public arrest records and information in the custody of government agencies. Some records may be exempted to ensure fairness in the legal process or to protect the rights of suspects and victims. Examples of information exempted from public disclosure include the following.

• Any records that have been restricted or sealed by law
• Any records that would serve as an unnecessary invasion of privacy
• Any records made confidential by federal or state laws
• Arrest records of suspects who were juveniles or minors at the time of arrest
• Any records under attorney-client privilege

Gilmer County Arrest Statistics

The FBI receives crime data including arrest statistics from local law enforcement agencies such as the Gilmer County Sheriff. This data is added to the FBI database and is readily available via the FBI Crime Data Explorer. According to data for 2023, the sheriff’s office reported 516 arrests.

This included 93 arrests for simple assaults, 60 arrests for driving under the influence, 51 arrests for drugs and narcotics offenses, 33 arrests for disorderly conduct, 24 arrests for aggravated assaults, 15 arrests for vandalism, six arrests for burglary, 13 arrests for larceny, two arrests for weapons violations, and one arrest each for arson, forgery, and motor vehicle, theft.

Find Gilmer County Arrest Records

Interested parties may request information on Gilmer County inmates and arrest records from local law enforcement, such as the Gilmer County Sheriff’s Office. Inquiries about obtaining arrest records can be made by contacting the sheriff’s office at:

Gilmer County Sheriff’s Office
1 Broad Street, Suite #103
Ellijay, Georgia 30540
Phone: (706) 635-4162
Fax: (706) 635-4172

Inmates’ records can be obtained from the county Adult Detention Center and online from the Offender Index website.

Arrest records may be available as part of criminal court records maintained by the Superior Court Clerk.

On the state level, the Georgia Bureau of Investigation provides arrest records as part of Criminal History Checks. Inmate information is available online using the Find an Offender page on the Georgia Department of Corrections website.

Gilmer County Arrest Records Vs. Criminal Records

Gilmer County arrest records and criminal records detail aspects of an individual’s interactions with the criminal justice system. The difference between these records mainly lies in what they contain, who generates them, and when they are generated.

Arrest records are typically generated by the arresting agency when an individual is arrested and processed. It will contain details of only the arrest, the crime, any charges, and booking information. On the other hand, criminal records contain a complete criminal history and are generated when a person passes through the full legal system. A criminal record will contain arrest records, criminal court case records, and prison records.

How Long Do Arrests Stay on Your Record?

Arrest will typically remain on a person’s record in Georgia permanently unless steps are taken to restrict or seal the record. Whether a record qualifies for restriction or sealing in Georgia will depend on the type of crime and the outcome of the case.

Offenders may be eligible for restriction or sealing of their records if they meet the following conditions.

• The arrest did not lead to a conviction
• There are no pending criminal charges from the arrest
• The offense occurred over five years ago
• The offense did not lead to serious bodily harm
• There have been no recent convictions for any similar offense

If no charges were brought from the arrest or the case was dismissed, an arrest record may qualify for automatic sealing. Arrests for violent or sex-related felonies are automatically sealed after seven years, arrests for non-violent felonies are automatically sealed after 4 years, and misdemeanors are sealed after two years.

Convictions cannot generally be restricted or sealed in Georgia. However, victims of sex or labor trafficking and offenders who received pardons for certain offenses may petition the court to seal or restrict those records.

Gilmer County Arrest Warrants

Arrest warrants are legal documents that authorize law enforcement to apprehend the suspect of a crime and bring them before the court. Article 3 in Chapter 4 of Georgia’s Criminal Procedures covers how to issue when to issue, and who may issue arrest warrants.

Law enforcement agents or private citizens may submit applications to the county court showing probable cause the subject of the warrant committed a crime. After the application, the court may convene a hearing to which the subject of the warrant is notified. At the hearing, the judge will listen to both sides and, if satisfied with the probable cause/proof provided, issue the warrant. Warrants issued in Gilmer County may be implemented anywhere in Georgia.

Arrest warrants in Georgia usually contain a combination of the following information.

• The name of the person to be arrested with a reasonable description
• The name of whoever filed the warrant application
• The crimes the warrant was issued for and the Georgia laws it broke
• An Order of Arrest commanding all law enforcement in Georgia to arrest the suspect
• The date and county where the warrant was issued
• The signature, title, and name of the judicial officer that issued the warrant

Do Gilmer County Arrest Warrants Expire?

Arrest warrants issued in Gilmer and other counties in Georgia generally do not expire. A warrant will typically remain in effect until resolved by the suspect being arrested, surrendering, or successfully applying to have the warrant removed. Depending on the crime, there is a statute of limitation that determines how long a particular issued warrant may be used until it must be renewed. After a certain time limit, law enforcement officers must renew the warrant at the issuing court. Warrants for misdemeanors must be renewed after five years if not executed, while warrants for low-level felonies must be renewed after seven years. A warrant issued for a serious felony does not need to be renewed and remains active indefinitely.