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Union County Arrest Records
An arrest entails a law enforcement agency's lawful apprehension of an individual. A police officer in Union County can arrest someone when they commit a crime in the officer's presence or when the officer has probable cause to believe that they committed or are about to commit a crime. A police officer can also make an arrest under the authority of an arrest warrant.
Union County arrest records are generated and maintained by the arresting law enforcement agency following an arrest. They document pertinent information about the arrest, such as the arrestee’s personal information, arrest details, and reason for the arrest. Generally, an arrest record provides information about an individual’s criminal history within a region. It may also be used to initiate criminal proceedings against the arrestee for the crime that warranted the arrest. As a result, arrest records are usually filed with or reported to different criminal justice agencies and are included in other public records. For instance, an arrest record is typically reported to the local court that handles the criminal proceedings connected to the arrest, and the court also features it in the Union County Court Records. Arrest records are also reported to the Georgia Bureau of Investigation (GBI) for inclusion in the arrestee's Criminal History Records that the agency compiles.
Are Arrest Records Public in Union County?
Yes, Arrest records are subject to Georgia’s Open Records Act. The Act mandates that government agencies, including law enforcement agencies, make certain records they maintain publicly accessible. Thus, anyone can request access to or obtain copies of arrest records maintained by Union County law enforcement agencies. However, § 50-18-72 of the Act outlines records exempt from public disclosure and scenarios where agencies are not required to disclose records in their custody to the public. These include, but are not limited to:
- Juvenile arrest records
- Sealed or expunged arrest records
- mugshots (according to O.C.G.A. § 35-1-19)
- Records that are required to be kept confidential by a federal statute or regulation
- Records that reveal sensitive personal information about an individual, such as their social security number, mother's birth name, credit card information, debit card information, bank account information, and more.
What Do Public Arrest Records Contain?
The contents of public Union County arrest records may include the following information:
- The arrestee’s full name, age, and current home address.
- The arrestee’s physical description, such as their sex, height, weight, race, and unique features (i.e., birth marks, tattoos, and scars).
- Arrest details, including arrest date, time, and arresting agency
- Description of the offense and charges
- Active warrant (if any)
- Bond information (if applicable)
Union County Arrest Statistics
According to arrest statistics provided by the FBI's Crime Data Explorer website, in 2023, local law enforcement agencies made 217 arrests in Union County, with 90.32% (196) of the arrestees being adults and 9.68% (21) being juveniles. In comparison, local law enforcement agencies made 319 arrests in Union County in 2022, indicating a 38.06% decrease in arrests from 2022 to 2023.
Find Union County Arrest Records
In Union County, local law enforcement agencies are responsible for conducting most arrests and generating arrest records to document them. Thus, individuals seeking Union County arrest records can start their search by contacting local law enforcement agencies, such as the Union County Sheriff’s Office and municipal police departments, like the Union City Police Department.
Union County local law enforcement agencies typically have a records division that processes record seekers' requests for arrest records and other public records they maintain. For instance, the Union County Sheriff’s Office has an Administration and Records Office, while the Union City Police Department has a Records Division. The way each agency’s records division operates may differ, but in most cases, in-person requests are allowed. Furthermore, specific information and items may be required to facilitate requests for arrest records, such as the requester’s valid government-issued ID and details identifying the desired record, like the arrestee's name, arrest date, and arrest location.
In addition to providing arrest records, most agencies’ record divisions also process state background checks for a fee, which typically varies. For instance, the Union County Sheriff’s Office charges $15.00, while the Union City Police Department charges $30.00. These background checks deliver an individual's Georgia criminal history report, which outlines their arrests, convictions, and other related information. Requesters must submit a completed and signed criminal history release form to request a background check from an agency. The agency to which the background check request is directed may provide this release form.
It is worth noting that information about individuals who were arrested and booked in the Union County Jail is accessible through the jail’s Current Inmate portal.
Free Arrest Record Search in Union County
Interested individuals can perform free searches for arrest records in Union County by visiting a local law enforcement agency and submitting an open records request for the documents they seek. Requesters are typically not charged a fee for submitting this type of request; however, they may incur charges for copies of the arrest records they request.
Some local law enforcement agencies in Union County also offer free online resources that individuals can use to access the public arrest information they maintain. For example, the Current Inmate portal provided by the Union County Sheriff's Office offers public information (including arrest details) about individuals currently booked in or recently released from the Union County jail. The portal can be searched by a party’s last or first name.
How Long Do Arrests Stay on Your Record?
Indefinitely, Georgia law does not impose a fixed timeframe for an arrest to remain on an individual’s record or provide remedies that automatically remove an arrest from a subject’s record. Nonetheless, it is possible to restrict public access to arrest records by applying for record restriction (for adult records) and sealing (for juvenile records).
Expunge Union County Arrest Records
Expungement of arrest records, formally known as record restriction, is a legal process that prevents arrests on an individual's criminal history report from being accessible to the general public. Consequently, restricted arrests will not appear when background checks are conducted through law enforcement agencies and the Georgia Bureau of Investigation (GBI). However, restricted arrest records remain available to judicial officials and criminal justice agencies.
O.C.G.A. §35-3-37 governs the processes and requirements for arrest record restrictions. According to the section, arrests that qualify for restriction include, but are not limited to, those concerning certain misdemeanors and closed cases without conviction. The procedures for requesting an arrest record restriction vary depending on the date of arrest and the agency or prosecuting attorney that processed the case. For arrests that occurred before July 1, 2013, the arresting agency is responsible for processing the record restriction request. Meanwhile, the prosecuting attorney’s office, such as the Attorney General, a district attorney, or the Solicitor General, processes record restriction requests for arrests that occurred on or after July 1, 2013.
The procedures for requesting record restrictions in Union can be divided into the following steps:
Step 1: Request complete criminal history records
Prospective applicants must request a copy of their criminal history records from the GBI, the Union County Sheriff’s Office, or a municipal police department, such as the Union City Police Department. They should review their criminal record and compare it to applicable laws to determine whether they have arrests that are eligible for restriction.
Step 2: Gather the required items
If the eligible arrests occurred prior to July 1, 2013, prospective applicants must fill out Section 1 on the Request to Restrict Arrest Record form. For arrests that occurred on or after July 1, 2013, applicants can contact the Union County District Attorney to obtain a request form for arrest record restriction. They must also prepare additional paperwork that the arresting agency or prosecuting attorney may require, such as a copy of their criminal history and a certified copy of the court’s final disposition of their case.
Step 3: Apply to restrict the eligible arrest record
For arrests that occurred prior to July 1, 2013, applicants can submit the appropriately filed Request to Restrict Arrest Record form to the arresting agency. The agency will then complete Section 2 of the form and send it to the prosecuting attorney’s office. After receiving the form, the prosecuting attorney’s office will finish Section 3 and will either approve or deny the request within 90 days.
For arrests that occurred on or after July 1, 2013, applicants can submit the required application and necessary paperwork for an arrest record restriction request to the prosecuting attorney’s office. After processing the request, the prosecuting attorney’s office will approve or deny it within 90 days. Subsequently, the applicant and the arresting agency will be notified of the prosecuting attorney’s decision.
Note that the arresting agency or prosecuting attorney’s office may charge fees of up to $50 to process the request.
Step 4: Restrict approved record or appeal denial
If the restriction request is approved, the prosecuting attorney may submit the complete application to the Georgia Crime Information Center database. However, if the prosecutor cannot access the GCIC database, applicants must send their approved application and processing fee to the GCIC themselves. The GCIC processing fee is $25, payable by money order or certified check addressed to "Georgia Bureau of Investigation". The approved application and processing fee should be mailed to:
Georgia Crime Information Center Record Restrictions
P.O. Box 370808
Decatur, Georgia 30037-0808
If the restriction request was denied, the applicant can appeal the decision to the Union County Superior Court within 30 days.
Union County Arrest Warrants
A Union County arrest warrant is a court-issued directive that grants law enforcement officers the authority to arrest a specific individual for an alleged crime they committed. According to GA Code § 17-4-40, any Superior, State, Magistrate, or Municipal court judge can issue an arrest warrant.
Typically, arrest warrants are issued at the request of a law enforcement agency following a criminal investigation. Georgia law also permits individuals to apply for a warrant if they have evidence that they were victims of a crime and the perpetrator has not been arrested. Generally, Union County arrest warrants may contain the following information:
- Details about the alleged offense
- The prospective arrestee’s details
- The warrant’s issuance date
- Bail and bond conditions (if applicable)
Interested individuals can find information about active arrest warrants in Union County through the County Sheriff’s Office Warrant/Civil Division. They may visit or contact the Sheriff’s Office by phone and provide identifying information about the subject of the sought-after warrant to inquire about active warrants. If an in-person visit is necessary, inquirers must bring a government-issued identification. However, they risk being arrested if an active warrant for their arrest is found. To avoid this, interested individuals can hire a licensed attorney to check for outstanding warrants on their behalf.
Note that inquirers are generally not charged a fee by the sheriff’s office for warrant inquiries they make.
Do Union County Arrest Warrants Expire?
No, Once issued, arrest warrants remain active for the duration of the subject's life unless they are resolved or recalled by the issuing court.
