Georgia Arrest Records

Georgia laws frown on crimes of any sort, from misdemeanors to felonies. Thus, a person caught in a criminal act or reported for a crime may be arrested by the police and held in custody until their trial. Law enforcement officers typically lead arrested persons through a booking process in which the suspect's information and charge details are recorded. One document that results from the booking process is an arrest record.

An arrest record is simply a record of an arrest event. It bears a suspect's name, date of birth, address, age, height, weight, photograph, sex, and race. Also included are the accused's charges, arrest location, bail bond type/amount, presiding court, and arresting agency. As such, the record is useful for several reasons, including reviewing a person's criminal background and beginning criminal court proceedings.

In Georgia, the State Bureau of Investigation, sheriff's offices, and police departments maintain arrest records, regardless of whether an arrestee was eventually found guilty or acquitted. These records may also be available at criminal courthouses where cases were heard.

Are Arrest Records Public in Georgia?

Yes, arrest records are public in Georgia. According to the Georgia Open Records Act, anyone can view or make copies of arrest records maintained by law enforcement agencies, except for records expressly withdrawn from public perusal.

O.C.G.A §50-18-72 outlines the exemptions that apply to the Open Records Act. It includes juvenile arrest records, HIV/AIDS information, and records whose confidentiality is mandated by federal or state statutes or regulations—for example, arrest booking photographs as per O.C.G.A §35-1-19.

How Do I Look Up Arrest Records in Georgia?

Members of the public can request arrest records in Georgia from local law enforcement departments like the sheriff's offices or police departments. However, a request must be submitted to the agency responsible for an arrest. Many local police agencies provide information about the specific requirements for an arrest records request on their websites, but one can also obtain these details by calling the relevant department.

In addition, an individual can obtain a Georgia arrest record from the Georgia Bureau of Investigation. The GBI serves as the central repository for statewide criminal history records, which contain notations or descriptions of arrests. However, the records can only be ordered by subjects of records and parties with the subject's consent. The GBI's Crime Information Center (GCIC) Lobby Office can be contacted at (404) 244-2639 to schedule an appointment to inspect a criminal history record. The office also assists with criminal history inquiries and fingerprinting requests. Note that a GBI criminal history record can also be obtained from most local sheriff's offices and police departments.

Subjects of records may also obtain a copy of their federal criminal history record from the FBI, which, like the state record, contains arrest information. It costs $18 to receive a nationwide arrest record.

Free Arrest Record Search in Georgia

Individuals can conduct a free arrest record search in Georgia on many sheriff's office websites. However, what is retrievable is often primary arrest data, such as an arrestee's name and charges. Obtaining criminal history records to view arrest information, whether from the GBI or a local police agency, requires a fee.

How Long Do Arrests Stay on Your Record in Georgia?

Indefinitely. However, the subject of an arrest record may qualify for sealing or record restriction under Georgia's laws. Thus, while an arrest record may still exist in criminal or public record databases, access will be restricted to a few authorized parties.

How to Seal Arrest Record in Georgia

Per O.C.G.A. §35-3-37, an individual may submit an official request to restrict their arrest record if the required criteria are met. Georgia refers to this record relief process as a record restriction, not expungement. A person who completes the process will have their record removed from public inspection. Notwithstanding, law enforcement agencies may access the records for criminal justice purposes.

Record restriction in Georgia only applies to specific charges, as highlighted in O.C.G.A. §35-3-37. These final court dispositions qualify for record restriction in Georgia:

• Dismissed Case
• Nolle Prossed/Prosequi Charge
• Dead Docket
• Not Presented to Grand Jury
• No Further Action Anticipated
• No Record on the file

Individuals with multiple eligible counts must apply for the restriction of each criminal charge.

Besides eligibility, restricting an arrest record in Georgia depends on the date of arrest and the arresting agency. If an offender's arrest occurred before July 1, 2013, they may need to visit the arresting agency to submit a record restriction request. On the other hand, any arrest that occurred on or after July 2013 must be handled by the prosecuting attorney's office (an attorney general, a district attorney, or a solicitor general's office).

It is important to review a copy of one's criminal history before submitting a Request to Restrict Arrest Record Application to confirm that all charges have a final disposition and that the disposition qualifies for restriction. In case of a missing disposition, the subject of the record may contact the appropriate court.

The process to seal court records in Georgia is as follows:

• Contact the arresting agency or prosecuting attorney's office.

• Request a copy of one's criminal history record from a local sheriff's office or police department.

• Obtain a Request to Restrict Arrest Record form from the GBI's website. The form may also be obtained from an arresting agency or prosecutor's office.

• The arresting agency or prosecuting attorney's office may charge a processing fee of up to $50. The GCIC also requires a $25 processing fee for record restriction requests (see fee schedule).

• Typically, for a request sent to a prosecutor's office, the office must approve and submit the application to the Georgia Crime Information Center's database. However, if the prosecutor cannot access the GCIC database, the applicant must ensure that their application is uploaded to the database by mailing the application form and payment to:

  Georgia Crime Information Center Record Restrictions

  PO. Box 370808

  Decatur, GA 30037-0808

The GBI's processing fee can be paid by money order or check to the Georgia Bureau of Investigation.

Maintaining a copy of the documents sent to the GBI is essential. The agency's GCIC typically processes applications within two to three weeks of the entry of a request into the GCIC's database. Applicants may verify the status of their requests by email to gacriminalhistory@gbi.ga.gov or via a call to the GCIC's Service Desk at (404) 244-2639.

A person whose record restriction request was denied by a prosecutor's office may file a petition in the superior court where the office is located within 30 days. If the presiding judge decides the record restriction is appropriate, an order granting the petition will be issued.