Henry County Arrest Records

The typical aftermath for those who engage in criminal activities in Henry County, Georgia, is an arrest by law enforcement authorities. After an arrest, the alleged offender may be booked at the nearest jail or detention facility or released without charges (in which case, the arrest is technically a detention).

Booking encompasses a few procedures that lead to the generation of an arrest record and other documentation needed for the criminal justice process. For instance, arrestees typically have their belongings searched and inventoried and their personal information collected. They may also be subject to medical or mental health evaluations and have their fingerprints cross-referenced against police databases to find any outstanding warrants.

Henry arrest records are often sufficient to ascertain the charges related to a person's arrest and the facility where the arrestee is being confined. However, those who wish to know what happened afterward—for example, whether the suspect was convicted—are better off reviewing the Henry County court records or seeking criminal history records from the state repository or other sources.

Are Arrest Records Public in Henry County?

Yes, arrest records are open to the public in Henry County. The Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) permits the dissemination of initial arrest reports and initial incident reports maintained by law enforcement agencies to a member of the public. Nevertheless, the Act outlines several exceptions to the public's access in § 50-18-72, including:

• Records related to pending investigations
• Juvenile arrest records
• Sealed or expunged arrest records
• Records that would disclose the identity of a confidential source or reveal confidential investigative or prosecution material
• Records that would reveal the existence of a confidential investigation or surveillance
• Records whose disclosure would endanger somebody's life or physical safety
• Records specifically exempt by federal statute or regulation

What Do Public Arrest Records Contain?

Arrest records accessible to the general public in Henry County typically include the following elements:

• Demographical Data: This consists of the arrestee's complete name (first, middle, and last), race, gender, height, and weight
• Arrest/Charge Details: The arrest time, date, and place, as well as the charge(s) and arresting agency (i.e., the police department that made the arrest)
• Booking Information: The arrestee's booking number, date, and housing facility
• Bond Information: The bond number, type, and amount
• Court Details: The particular court that holds jurisdiction over the matter

Henry County Crime Rate

Based on the Crime Statistics Summary Report published yearly by the Georgia Bureau of Investigation (GBI), Henry County documented 4,982 index crimes in 2022, a 14% increase from 2021. (The term "index crimes" describes a set of 10 serious offenses that help determine a jurisdiction's crime rate.)

As of 2022, larceny was the most prevalent crime in Henry County, accounting for 3,284 (approximately 66%) of the 4,982 total. Aggravated assault (547 offenses), motor vehicle theft (540 offenses), and burglary (401 offenses) were also among crimes that frequently occurred in the county area. Henry County's crime rate in 2022 was 19.96 per 1,000 inhabitants.

Henry County Arrest Statistics

Comprehensive arrest statistics for the County of Henry are not readily available online. Individuals seeking these figures are advised to contact the law enforcement agency maintaining jurisdiction over the area of interest. The GBI's UCR program can also be emailed at ucrweb@gbi.ga.gov or faxed at (404) 270-8463 with inquiries about the UCR data presented in a report or other additional data.

Find Henry County Arrest Records

The usual location to obtain an arrest record in Henry County is the police department serving the municipality in which the arrest was made. Typically, requesters can stop by the relevant office during normal business hours to request the inspection or reproduction of a record or report. They may also draft a request letter (or download and complete a request form from an agency's website) and forward it to the police agency's mailing address. These inquiries are treated as Open Records Act Requests; as a result, some records may be barred from public release under Georgia's FOIA (Freedom of Information Act) laws.

When requesting an arrest record from a police department in Henry, it is important to include all relevant information that will enable staff to identify the record in question. This often includes the name of the involved individual, a report number, or an incident date. Requesters must also include their contact information and a self-addressed, stamped envelope (if requesting by mail) for the return of responsive records. Fees may be incurred for reproduction requests or requests made by non-residents.

Suppose one seeks records about a federal arrest incident. In that case, the request is best submitted to the federal agency or office that performed the arrest. Some federal law enforcement agencies also disseminate public arrest records on their websites. Those interested in the whereabouts of a person placed in federal custody, however, can access the Federal Inmate Locator with a name or register number. Alternatively, they may contact the Federal Bureau of Prisons at (202) 307-3198 with their inquiries.

Free Arrest Record Search in Henry County

One way to conduct a free arrest record search in Henry County is to access the local sheriff's Inmate Inquiry portal. This portal disseminates information about people booked in the Henry County Jail or Jail Annex after an arrest in the county area. Information obtainable from the portal includes a suspect's demographic information, criminal charges, and bond information.

Individuals can also submit arrest records requests to local police divisions. A fee may not be charged if the requester is a county resident or wishes to inspect a record.

Additionally, various privately run websites offer arrest record search services to interested members of the public. These websites can be searched with a person's first and last name and may offer other public records besides arrest records. However, fees may be assessed to obtain comprehensive information from a third-party database.

Get Henry County Criminal Records

Criminal records (sometimes referred to as criminal history records or rap sheets) detail a person's arrests and prosecutions within a specific jurisdiction. In Henry County, these records can be obtained from the courts and local law enforcement authorities.

Any law enforcement agency in Henry County can provide a member of the public with copies of criminal records. However, while an agency can disclose a report of an arrest or criminal incident, cumulative criminal records (also known as the Georgia Criminal History Reports) are only available to the subject of the record for personal or employment/licensing reasons (O.C.G.A. § 35-3-34).

A valid government-issued picture ID, Social Security Card, and signed consent form are typically required to obtain a Georgia Criminal History Report from the Henry County Sheriff's Office (HCSO) or a municipal police department—for example, the Henry County Police Department. Such requests are made in person at a police agency during regular working hours, and the requester may be liable for up to $20 for a criminal history check.

Other members of the public can seek criminal records at the courthouse during business hours or via a court clerk's approved request channels. Court records can usually be searched with a case party's name or number, and fees may be charged to obtain copies. However, unlike a Georgia Criminal History Report check, criminal case records are specific to the court that heard the related matter. That is to say, a court will only maintain records of the cases it heard or finalized.

It is important to note that Georgia law does not restrict the public dissemination of felony convictions in a criminal history record (O.C.G.A § 35-3-34 (d.2)). As such, one can submit a person's full name, sex, and date of birth to a local law enforcement agency to retrieve their conviction information. Additionally, interested parties can search the Georgia Felon Search website for in-state felony conviction records. A fee, payable by credit card, applies for such requests.

Henry County Arrest Records Vs. Criminal Records

An arrest record is a police report about an incident where a person was taken into custody for a criminal offense. The record reveals the arrested individual's identity and the arrest's circumstances, including the initial charges brought against the individual. However, it will not reveal the charges a prosecutor filed or the court case's outcome (i.e., whether the charges were dropped, the suspect was acquitted, or the court imposed a sentence).

On the other hand, a criminal record serves as a broader narrative of a person's criminal history. The record includes one's arrest information and any charges filed or convictions/sentences entered against them.

In legal contexts, a criminal record has more significant repercussions, potentially restricting an individual's access to employment, education, and housing opportunities.

How Long Do Arrests Stay on Your Record?

An arrest may stay on a person's record forever. In some instances, however, a subject of an arrest record may pursue an expungement in Henry County—often when the arrest did not result in a conviction or the charges were dropped/dismissed.

Expunge Henry County Arrest Records

O.C.G.A. §35-3-37 provides arrest record relief in the form of "record restriction" (formerly called an "expungement") to individuals apprehended for crimes in Henry County. Specifically, the law allows arrest records to be restricted under the following conditions:

• Where the defendant was arrested and subsequently released without the offense being referred to a prosecuting attorney's office for further action
• Where the prosecuting attorney dismissed the charges without pursuing an indictment or filing an accusation
• Where the prosecuting attorney filed charges, but the charges were dismissed, nolle prossed (i.e., abandoned), or dead docketed (i.e., indefinitely postponed)

Anyone who meets the above criteria must also not have any other criminal charges pending against them, and they must not have been convicted of the same or a similar offense in the last five years prior to their application.

Where a person petitions to expunge an arrest record in Henry depends on whether the arrest took place before or after July 1, 2013.

Arrests Prior to July 1, 2013

For arrests prior to July 1, 2013, one must apply to the police agency responsible for the arrest, which may be a municipal police department or the Henry County Sheriff's Office.

The police agency will provide the forms one must complete for the procedure, typically the Request to Restrict Arrest Record form. Although no fee is often charged to obtain expungement forms, Georgia law authorizes arresting agencies to charge a fee not exceeding $50 to process an application. A police agency may also require additional paperwork, such as a certified copy of the court's final disposition or a copy of the arrestee's criminal history.

The Request to Restrict Arrest Record form is a three-part document that must be completed by the petitioner, arresting agency, and prosecuting attorney's office. The petitioner is required to fill out Section 1 and submit it to the arresting agency, who will then complete Section 2 and forward the form to the prosecuting attorney's office to complete Section 3. Within 90 days, the prosecuting attorney's office will grant or deny the request. Any final decision will be conveyed to the applicant and the arresting agency.

Arrests On or After July 1, 2013

For arrests on or after July 1, 2013, an arrestee does not have to apply through an arresting agency. They can request record restriction directly from a prosecuting attorney's office (that is, the Attorney General, a district attorney, or the solicitor-general having jurisdiction over the matter). Similarly, the prosecuting attorney's office will grant or deny the application within 90 days. In some instances, the office may approve the expungement at the time of sentencing.

If the prosecuting attorney's office approves a record restriction, the agency will send the completed application to the Georgia Crime Information Center (GCIC) database, i.e., Georgia State's criminal repository. If the office cannot access the GCIC database, the requester must submit the completed application to the GCIC themselves. A $25 processing fee applies for such requests, payable by certified check or money order to "Georgia Bureau of Investigation". The completed application form and payment should be mailed to the following address for processing:

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

The GCIC processes these requests within a reasonable timeframe, which may be weeks or months, depending on the agency's workload. Applicants are sent a letter of completion by mail confirming a record's restriction. Keeping a copy of the completed application and any other relevant documentation for one's records is advised.

If the prosecuting attorney denies the application, the applicant may appeal the office's decision to the Henry County Superior Court within 30 days. As this expungement process is more complex, it may be prudent to hire legal counsel.

Note that a record restriction obtained in Henry County only hides or seals a person's arrest information maintained as part of their Georgia criminal history for non-criminal justice purposes (licensing/employment). The record may still be available through other sources not controlled by the GCIC, such as local agencies and third-party vendors. Further, criminal justice agencies will retain access to the arrest record for criminal justice purposes.

Henry County Arrest Warrants

Arrest warrants are court-issued papers commanding the police to apprehend a person accused of a crime. In most cases, law enforcement officers request an arrest warrant from a judge or magistrate after investigating a criminal incident. However, Georgia law allows a victim of a crime to request such orders when the perpetrator was not arrested (O.C.G.A § 17-4-40). In either case, "probable cause" must be established beforethe judge can issue an arrest warrant. Probable cause describes a reasonable basis for believing someone has committed a crime.

Admittedly, an arrest warrant can also be issued "from the bench" (at a judge's discretion) in a civil or criminal case to bring to court a person who failed to appear for a hearing/trial or comply with a judicial order. This type of arrest warrant is called a "bench warrant".

Per O.C.G.A § 17-4-407, Henry County arrest warrants may contain the following details:

• The county and date of issue
• The name of the accused
• The alleged offense/charge
• The agency in charge of execution
• The warrant type, such as failure to appear, probation violation, misdemeanor, etc.

Henry County Arrest Warrant Search

The Henry County Sheriff's Office serves all arrest warrants issued by the courts in Henry County, including the Superior Court, State Court, Magistrate Court, and Municipal Courts. Consequently, an interested individual can contact the Sheriff's Office at (770) 288-7100 or visit 120 Henry Parkway, McDonough, GA 30253, to make warrant inquiries about themselves or others.

Another option for finding arrest warrants in Henry is to review case records maintained by the courts. A court record query can be submitted in person at the courthouse where a case is open, or one can contact the court clerk's office to retrieve records without going to the courthouse. It should be noted that a clerk's office cannot directly confirm the existence of an outstanding warrant, but that information may be contained in the court record, which anyone can request.

Do Henry County Arrest Warrants Expire?

No. Arrest warrants issued in Henry County remain outstanding until the accused is taken into police custody, whether by pursuit and capture or by the suspect's surrender. In limited instances, however, a court may recall or quash an arrest warrant because of a procedural error or upon finding new evidence that exonerates the accused.