Are Gwinnett County Records Public?

Yes. Gwinnett County records are public under the Georgia Open Records Act (O.C.G.A. § 50-18-70). This Act allows the public to view, inspect, and copy all "public records". In addition to the Open Records Act, the Georgia Open Meetings Act (O.C.G.A. § 50-14-1) stipulates openness and governs public access to governmental meetings. Therefore, records and meetings of Gwinnett County agencies are open to the public (to the extent) as permitted by these statutes.

A "public record" is defined in the Georgia Open Records Act (O.C.G.A. § 50-18-70(b)(2)) as all documents, papers, letters, maps, books, tapes, photographs, computer-based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency.

GORA applies to all Georgia state and local government agencies, including law enforcement, corrections, public health departments, courts, etc. Some examples include Gwinnett county court records, property records, criminal records, vital records and related documents.

What is Exempted Under the Georgia Public Records Act?

Even though GORA stipulates that all records created or maintained by a government agency as part of their official duties are considered public records, certain exemptions exist to protect confidentiality when necessary. The goal is to balance the public’s right to access government records with the need for privacy in certain situations.

Below are examples of records exempt under GORA (section § 50-18-72):

• Attorney-client privileged records
• Juvenile records
• Law enforcement & investigative records (those related to active investigations, confidential informants, and security plans)
• Trade secrets
• Personal information (Social Security numbers, bank account information, etc).
• Student records protected under federal law (FERPA)
• Medical records
• Personnel files
• Sealed or expunged records.

In Georgia, exempt records are treated in two ways: if part of a record contains exempt information, that portion is redacted or removed, and the rest is disclosed. However, if the entire record is exempt from disclosure, it is sequestered or removed from public access.

While exempt records are removed from public access, they can still be accessed, in specific circumstances, by certain individuals or entities such as the record subjects, their attorneys, law enforcement, and government officials when performing official work.

Gwinnett County Public Record Search

To conduct a public records search in Gwinnett County, interested individuals should contact Gwinnett County's Open Records Officer in person, by phone, or by email. While the Open Records Officer is not the custodian of all county records, the office will provide information and guidelines for locating or searching Gwinnett County public records outside the Open Records Officer’s purview.

Open Records Officer
75 Langley Drive
Lawrenceville, GA 30046
Phone: (770) 822-7586
Email: Tysh.Coleman@GwinnettCounty.com

Alternatively, individuals can use Gwinnett County's online open records portal to submit public record requests to the various county departments and offices. Through the portal, for example, they can request police and other law enforcement records and obtain a background check/criminal history report, etc.

Additionally, because court records are not subject to open records requests and are unavailable through the county’s online portal, individuals can use the Gwinnett Courts Portal to search the court records of the county's Superior, State, Magistrate, and Probate Courts.

Individuals seeking to search Gwinnett County public records should note, however, that:

• The first step towards a successful public records search is knowing the type of record and the agency responsible for it
• Every request should be specific, containing sufficient information that will facilitate prompt retrieval of the record
• Fees may be charged under O.C.G.A. § 50-18-71, especially for duplication and certification
• Under O.C.G.A. § 50-18-71, public agencies must comply with or deny a public records request within three working days after receiving it.

Find Public Records For Free in Gwinnett County

To find public records for free in Gwinnett County, individuals should reach out to the county's Open Records Officer at:

75 Langley Drive
Lawrenceville, GA 30046
Phone: (770) 822-7586
Email: Tysh.Coleman@GwinnettCounty.com

While the Open Records Officer may allow requesters to inspect public records without cost, they may be required to pay for duplication. Additionally, individuals can find public records for free by searching online databases or portals maintained by county agencies (where available). For example, one can find Gwinnett County property information for free via the "Property Search" portal by the assessor's office.

Alternatively, use third-party websites. A third-party website is an independent, unofficial site operated by private vendors. These sites aggregate public records from multiple jurisdictions and make them publicly available. Users can search third-party sites for public records, including those from Gwinnett County agencies. However, users should note that these sites vary in the completeness or accuracy of the information they provide. Furthermore, they may charge fees to provide detailed public records.

How to Remove Information From Public Records Free

The process of removing information from public records in Gwinnett County depends on the record. Each public agency maintains its policies and guidelines for record removal, so individuals should contact the relevant agency directly for specific procedures.

For example, under Georgia law (O.C.G.A. §35-3-37), individuals may request the removal, redaction, or sealing of arrests that did not result in convictions from public records. And the process depends on the arrest date. Removal or sealing requests for arrests before July 1, 2013, must be submitted through the arresting agency, and those for arrests on or after July 1, 2013, must be submitted through the prosecuting attorney's office.

Who Can Access Gwinnett County Public Records in Georgia?

Per section § 50-18-70 of the Georgia Open Records Act (GORA), any person can request public records. However, Georgia requesters must be state residents. This means individuals who are not residents of Georgia may not be eligible to make open records requests in the state.

GORA permits public agencies to charge fees to respond to a public records request. Fees may include the cost of duplication of records and administrative costs involved in the search.

What Happens if I Am Refused a Public Records Request?

A public records request can be refused or rejected in Gwinnett County if the request lacks specificity, is directed to the wrong agency, or the requested record is exempt under the Georgia Open Records Act.

According to O.C.G.A. § 50-18-71, a government agency’s custodian of public records must comply with or deny a public record request within three working days of receiving it. If a public records request is refused or rejected, the government agency must provide a written denial. The denial must state the specific reason(s) for the refusal.

If the requester believes the refusal is wrong, they can file a lawsuit in the Gwinnett County Superior Court to compel the production of the requested records. If the court finds the denial unjustifiably wrong, it will order the agency to release the records. The court may even award the requester’s attorney's fees and costs against the agency.