Habersham County Arrest Records

In Habersham County, Georgia, arrests happen when law enforcement officers have probable cause to believe that an individual has committed a crime within the county’s jurisdiction. These arrests may happen during routine patrols, in response to calls from the public, or as a result of ongoing investigations.

The Habersham County Sheriff’s Office is the main law enforcement agency in the county. The Sheriff’s Office carries out arrests and generates arrest records. They maintain detailed records of all arrests made within the county. There are also local police departments that make arrests and maintain arrest records. Once an individual is arrested in Habersham County, they are taken to the Habersham County Jail.

Habersham County arrest records form part of Habersham County court records because they document the incidents leading to legal proceedings in the county.

Are Arrest Records Public in Habersham County?

In accordance with the Georgia Open Records Act, Habersham County arrest records are considered public information. Hence, members of the public have the right to access information relating to arrests in the county. However, it is important to note that there are certain components of arrest records that may be exempt from public disclosure. They include social security numbers, addresses, and certain details about ongoing investigations.

Habersham County Arrest Statistics

The Georgia Bureau of Investigation (GBI) is the government agency responsible for collating and reporting crime statistics for all the counties in the state. According to GBI crime data for Habersham County in 2023, the total number of arrests reported were 512, including 34 violent crimes and 278 property crime-related arrests. The arrests made relating to violent crimes included 17 rapes, one robbery, and 26 aggravated assaults. There were no murder arrests. Regarding property crimes, there were 42 burglary, 210 larceny, 22 motor vehicle theft, and four arson arrests.

Find Habersham County Arrest Records

The Habersham County Sheriff’s Office provides the public with access to jail records through the Inmate Inquiry portal. This portal information about current inmates, arrests in the last 24 hours, and inmates by arrest date. It may be searched by name. It includes the name, sex, address, arrest date, arresting agency, status, height, weight, days in jail, bond information, warrant number, charge information, and court.

The Georgia Department of Corrections (GDC) provides an offender search tool that may be searched by name, description, ID, or case number. It provides information on inmates who have been sentenced and are serving time in state correctional facilities.

The Federal Bureau of Prisons (BOP) provides an online inmate locator tool that helps individuals looking for persons convicted of a federal crime and serving time in a federal prison.

Habersham County Arrest Records Vs. Criminal Records

In Habersham County, arrest records document the fact of an individual’s arrest by law enforcement, including details such as the charges filed and booking information. Criminal records, on the other hand, encompass a broader scope, including not only arrest information but also any convictions, court proceedings, and other legal actions related to criminal activity.

While arrest records detail the initial phase of involvement with law enforcement, criminal records provide a comprehensive history of an individual’s interactions with the criminal justice system, including any outcomes or dispositions of their cases.

How Long Do Arrests Stay on Your Record?

Arrests in Georgia remain on a person’s record indefinitely. Georgia law does not allow the automatic sealing or expungement of arrest records. However, individuals may request restriction of access to their records or sealing of such records.

In Habersham County, Georgia, the process to restrict and seal arrest records involves limiting access to these records for employers, housing providers, and other non-law enforcement entities.

You may be eligible to restrict and seal your arrest records if the charges did not result in a conviction (e.g., dismissal, nolle prosequi, acquittal).

The process for record restriction and sealing depends on if the arrest was made before or after 1 July 2013.

For arrests before 1 July 2013:

• Fill out Section 1 of the Request to Restrict Arrest Record form form.
• Submit the form to the arresting agency, which will complete Section 2 and forward it to the prosecuting attorney’s office.
• The prosecuting attorney’s office will complete Section 3 and notify you of approval or denial within 90 days.
• Keep a copy of the completed application for your records.

For arrests on or after 1 July 2013:

• Contact the prosecuting attorney’s office of the county where your arrest took place directly, without involving the arresting agency.
• The prosecuting attorney’s office will notify you of approval or denial within 90 days.
• Keep a copy of the completed application for your records.

If your request is approved, the prosecuting attorney will submit the approved application to the Georgia Crime Information Center (GCIC) database. If the prosecuting attorney cannot access the GCIC database, you must send the approved application and a processing fee (money order or certified check payable to “Georgia Bureau of Investigation”) to the GCIC yourself.

Mailing Address:
Georgia Crime Information Center Record Restrictions
P.O. Box 370808
Decatur, Georgia 30037-0808

The GCIC typically processes complete record restriction applications within 2-3 weeks. You will receive a letter confirming that the arrest has been restricted in the law enforcement database. Keep this letter for your records. If you do not receive a notification, contact GCIC for an update on your application’s status.

If your request is denied, you may appeal the decision to the Superior Court of the relevant county within 30 days.

Habersham County Arrest Warrants

In Habersham County, Georgia, arrest warrants are legal documents issued by a judge or magistrate authorizing law enforcement officers to arrest an individual suspected of committing a crime. They are issued based on probable cause, which means there is sufficient evidence to believe that the individual named in the warrant has committed a crime. Law enforcement officers, such as police officers or sheriff's deputies, may request an arrest warrant from the court by providing evidence or sworn testimony supporting the need for the warrant.

Arrest warrants are issued when law enforcement officers have reason to believe that an individual has committed a crime and there is probable cause to arrest them. Arrest warrants may be issued for various offenses, ranging from misdemeanors to felonies, depending on the severity of the alleged crime.

An arrest warrant typically contains the name of the individual to be arrested (the suspect), as well as any known identifying information such as their address, date of birth, and physical description. The warrant also specifies the offense for which the individual is being arrested and may include other relevant details, such as the date the warrant was issued and the name of the issuing authority.

Do Habersham County Arrest Warrants Expire?

In Habersham County, Georgia, arrest warrants typically do not expire. Once issued by a judge or magistrate, an arrest warrant remains active until it is executed by law enforcement officers or otherwise recalled or canceled by the court.