Stephens County Arrest Records

In Stephens County, an arrest becomes necessary when law enforcement officials have probable cause to believe that an individual has committed or is about to commit a crime. A police officer may also arrest an offender when a warrant has been issued for an individual's arrest by a judge, or the officer witnessed the crime. Likewise, a private person may arrest an offender if a felony is committed in their presence or within their immediate knowledge, especially when the offender is attempting to escape (GA Code § 17-4-60).

The Stephens County Sheriff’s Office is responsible for preparing arrest records, managing jails, and ensuring the welfare of inmates and other individuals in custody. When a person is arrested, the arrest records and a report of the incident are sent to the state prosecutor, who determines whether to pursue formal criminal charges. If the prosecutor decides to bring charges against the defendant, the defendant goes to trial, and the arrest records are filed as part of the Stephen County Court Records. An arrest record can be used to gather information on a person’s criminal history.

Are Arrest Records Public in Stephens County?

Yes, The Georgia Open Records Act (O.C.G.A. § 50-18-70) states that all public records are open for personal inspection and copying, except those exempted by a court in the state or by law. In this case, a public record refers to all documents, papers, letters, maps, books, photographs, recordings, computer-based or recorded information, prepared and maintained by or filed by a public agency.

The Public Records Act aims to ensure transparency and accountability of the government to its residents. However, the right to inspect public documents will be restricted when law or court orders exempt the record in question. Public disclosure regarding records specifically required by federal statute or state law will not be permitted to be kept confidential. Likewise, sealed or expunged records are no longer accessible to the public.

What Do Public Arrest Records Contain?

Public arrest records in Stephens County may contain the following information:

• Arrestee’s identity information: The subject’s full name, date of birth, and age.
• Physical description: Sex, height, weight, hair, eye color, and photograph.
• Arrest and booking Information: Place of arrest, date and time of arrest, booking number, name of arresting officer and agency, booking date and time, and the booking ID.
• Charge: Description of the charge, class of offense (felony or misdemeanor).
• Bail information: Eligibility for bail, amount set by the court for bond, and conditions for release.
• Outstanding warrants.
• Holding facility.

Stephens County Arrest Statistics

According to the 2023 Summary Report from the Georgia Crime Information Center, the crime rate in Stephens County is 15.26 per 1,000. The most reported crimes in Stephens County in 2023 were larceny, burglary, aggravated assault, and motor vehicle theft.

Find Stephens County Arrest Records

The Georgia Department of Corrections (GDC) has an online locator to help researchers find state and county jails' locations and contact information. Interested persons may also find offender information online using the GDC search tool. This website allows users to search for inmates or previous offenders by name, description, ID number, or case number. It also allows filtering search results by holding institution, gender, race, and age.

Similarly, the Georgia Felon Search tool allows individuals to submit online search requests through the Georgia Crime Information Center to confirm whether someone has been convicted of a felony offense in the state. To conduct this search, the requester must provide the first and last name, date of birth, and sex of the record subject. Each search costs $15, and if a search result contains multiple options, the searcher will be charged for every record they choose to open.

Alternatively, one may send an online or written request to the Stephens County Sheriff’s Office record clerk or contact the Stephens County Jail at (706) 868-2514.

Records Clerk
Stephens County Sheriff’s Office
70 N. Alexander Street, Suite 205
Toccoa, GA 30577
Phone: (706) 898-5848
Email: csimmons@stephenssheriff.com.

Free Arrest Record Search in Stephens County

Interested persons may access arrest records for free at the Stephens County Clerk’s office. To ensure the request is fulfilled accurately, the office encourages requesters to download and complete the Open Records Request Form. This form can then be delivered in person to the County Clerk’s office for free access to the records. The sender must pay copying and production fees if the request is mailed.

A second option is to look up arrest records using third-party public record search tools. These tools are often convenient for accessing public records from different agencies and jurisdictions through a single channel. However, they are not always free. Some sites offer limited free searches for first-time users, but the searcher may need to pay to access complete and comprehensive records.

How Long Do Arrests Stay on Your Record?

Arrests stay on your record forever in Georgia. They are public information and remain accessible to the general public. The only way to remove the record is to have it restricted or expunged. An arrest record may be eligible for certain restrictions if the defendant was found not guilty, the case was dropped, nolle prosequi, dismissed, or the defendant was acquitted.

Expunge Stephens County Arrest Records

The process for expunging arrest records in Stephen County depends on where the arrest was made.

If the arrest occurred before July 1, 2013, the request must be made through the agency that made the arrest. Print and complete Section 1 of the Request to Restrict Arrest Record Form, pay the necessary processing fee, and provide all additional documentation required, including a copy of the court’s final disposition of the case. The arresting agency shall fill in section 2 of the form. Next, submit the form to the prosecuting attorney’s (PA) office. The prosecuting attorney will complete the third section of the form and then approve or deny the request within 90 days. The prosecutor will notify the applicant and the agency once a decision has been reached.

For arrests on or after July 1, 2013, contact the prosecuting attorney's office in the county where the arrest occurred. The application should be sent directly to the prosecuting attorney, not the arresting agency. The attorney will then approve or deny the request within 90 days.

In both cases, if the prosecutor denies the request, the individual can appeal to the Superior Court in that county within 30 days. On the other hand, if the PA approves the request, they will submit the complete application to the Georgia Crime Information Center database. If the prosecutor doesn’t have access to the GCIC database, the petitioner will need to send the approved application, copies of the documents, and a $50 processing fee.

Stephens County Arrest Warrants

In Georgia, an arrest warrant may be issued by a judge of a superior, city, state, or magistrate court, or by any municipal officer authorized by law to exercise the powers of a magistrate. A retired judge or judge emeritus of a state court may also issue an arrest warrant, provided it is authorized in writing by an active judge of the state courts (GA Code § 17-4-40).

A Stephens County arrest warrant includes the offense, the date, time, and place of occurrence, the victim, a description of the offense, and the county where the offense was committed. A warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for an alleged offense committed in the performance of their duties may only be issued by a judge of a superior court, state court, or probate court.

Do Stephens County Arrest Warrants Expire?

No, Arrest warrants issued in Stephens County do not expire. They remain active until the defendant is arrested or turns themselves over to the police. Even then, the warrant is said to be either executed or inactive, not expired. If an individual has a warrant issued for their arrest, they may be arrested at any time and in any place.