Georgia Arrest Records

Are Arrest Records Public in Georgia?

Arrest records are considered public records in Georgia. According to the Georgia Open Records Act, members of the public have legal access to the information contained in arrest records. People interested in obtaining such records can do so by contacting the appropriate law enforcement agencies.

It is essential to understand that arrest records are not the same as Georgia criminal records. This is because a person does not have a criminal record unless the individual has been found guilty of a crime. Instead, arrest records carry information about an arrest made on suspicion of illegal activity and such records may be critical to a person's conviction. The public can search for these records through state and local law enforcement agencies.

What is Considered an Arrest Record in Georgia?

When residents violate Georgia's criminal laws, they can be arrested by the police and taken to court to face the charges. Following an arrest, an individual will be taken through a booking process, which creates an official arrest record. During booking, the arresting agency will record the suspect's personal information, physical description, the offense that caused the arrest, and more. This information makes up the arrest record.

What is Contained in a Georgia Arrest Record?

Georgia arrest records often contain the following details:

• The arrestee's data and physical features. This includes the party's name, date of birth, gender, race, tattoos, height, weight, and scars
• Date, time, and location of the arrest
• The agency that made the arrest
• The name of the officer that made the arrest
• Charges
• Fingerprints and mugshots
• Vehicle information, if a vehicle was used to commit the crime
• The facility where the arrestee is held
• The type of crime perpetrated, i.e., whether it was a felony or misdemeanor

Georgia Arrest Statistics

The Georgia Crime Information Center (GCIC) of the Georgia Bureau of Investigation (GBI) collects and generates crime data for the state of Georgia. According to the 2021 summary report, there were a total of 24,877 arrests made in Georgia in 2021. Among these arrests, 17,503 were male, and 7,374 were female. Individuals aged 30-39 had the highest number of arrests, with 6,496 arrests reported within this age group. The report also provides a breakdown of the arrest figures by offense type as follows:

• Murder: 403 arrests
• Rape: 389 arrests
• Robbery: 825 arrests
• Aggravated assault: 7,248 arrests
• Burglary: 1,832
• Larceny-theft: 12,678 arrests
• Motor-vehicle theft: 1,357 arrests
• Arson: 123 arrests
• Human Trafficking (Commercial Sex Acts): 20 arrests
• Human Trafficking (Involuntary Servitude): 2 arrests

Obtaining Georgia Public Arrest Records

The process of making an arrest search in Georgia typically involves either making in-person visits, writing to the department of the law enforcement agency that made the arrest, or conducting a lookup remotely via the online portal provided by most counties for an arrest record search.

An arrest search requires that the requesting parties provide the name, date of birth, and other identifying information of the arrested individual. This helps to narrow down results, especially if the search is happening on a remotely accessible portal. The information available in arrest records may include specific details like the date and location of the arrest, the criminal charge, the name of the officer who made the arrest, the bio-data of the arrested individual, and any bail information.

How Do I Lookup Someone's Arrest Records in Georgia?

Although the common requesters of arrest records are the record holders, Georgia law allows people other than the subjects to obtain public arrest records.

Members of the public can run background checks on someone who has been arrested and charged with a felony in the state through the state's felon search website. Alternatively, the sheriff's office or police department in the county where the arrest occurred can provide public arrest records to interested parties.

Furthermore, arrest records are included in Georgia criminal history reports. However, such reports are only obtainable for an official purpose, e.g., licensing, law enforcement, or employment. An eligible party must have the record holder's consent to acquire a copy of their criminal history record from the Georgia Bureau of Investigation. A fee is assessed for each record request.

How to Subpoena Arrest Records in Georgia

Arrest records are available for public inspection under Georgia's Open Records Act. However, suppose all or part of the record is restricted or exempted from disclosure. In that case, a subpoena will be required to examine or copy the record.

A subpoena is a judicial order for a person or entity to appear in court or provide certain documents. To compel a government entity to produce an arrest record, an individual will require a Subpoena for the Production of Documents, also called a Subpoena Duces Tecum. Georgia's subpoena law is codified at Title 24, Chapter 13 of the Georgia Code.

Generally, to have the court issue a subpoena duces tecum, the interested party must obtain a subpoena form from the court's website. (See civil subpoena and criminal subpoena forms from the Fulton County Superior Court.) Note that every subpoena must be in writing and indicate the action's title. Also, the party seeking the record's production must sign the subpoena and serve it on all parties involved, including the custodian of the requested records.

A subpoena issued in Georgia may be served by any sheriff, sheriff's deputy, or another person who is not below the age of eighteen. It can also be served by registered or certified mail, with the return receipt serving as proof of delivery.

How to Search for an Inmate in the Georgia Prison System

An inmate records search is required to locate inmates in Georgia's prison system. Inmate records contain details about convicted offenders in the custody of the Georgia Department of Corrections (GDC). The GDC makes inmate data available through two online search systems: the Offender Search and Facility Search.

The facility search tool allows the public to find information about a facility and the inmates located in that facility. By clicking on the "search this facility" tab, an individual can look up an inmate with the following:

• The inmate's name or description: last name, first name, gender, race, age, alias, etc.
• The inmate's GDC ID or case number: The GDC ID is a one-of-a-kind number that identifies the individual, whereas the case number identifies the violation.

The same search criteria are used to obtain records from the offender search tool. Unlike the Facility Search tool, whose search results are constrained to a specific GDC facility, the Offender Search tool searches for all inmates supervised by the GDC.

Furthermore, the public can use inmate search tools provided on government websites run at the county level to find local inmates. This service, however, may only be provided in a few counties. For example, Clayton County offers an offender search service that allows interested parties to locate inmates with their last and first names.

When an online inmate search tool is unavailable, the inquirer may contact the jail administration to locate an inmate.

How Do I Find Out if Someone Was in Jail in Georgia

The Georgia Department of Corrections (GDC) oversees the state's prison system. As a result, anyone looking for information on whether someone was incarcerated in state prison can run a GDC inmate search to view the offender's information and custody status (e.g., incarcerated, released, paroled).

If an offender's information does not appear in search results, it is most likely because the Georgia Department of Corrections no longer supervises the offender. Hence, the inquirer may contact the department for more information. Also, if the offender was held locally, the inquirer may query the local jail that had custody of the inmate.

How to Find Recent Arrests in Georgia

One can find the most recent arrests for any county or jurisdiction in Georgia, and this usually involves the requester making an arrest search at the office of the law enforcement agency responsible for the arrest. An online lookup of the arrest log or inmate registry can also reveal details of any recent arrest in that jurisdiction.

For instance, recent arrests and detentions in Fulton County, Georgia, are available for viewing on the inmate record system. The system allows requesters to perform a search to view information on recent arrests by supplying details such as full name and/or booking information. Similarly, Gwinnett County provides access to recent arrest records through its Sheriff’s Office search tool. The search tool provides Information on inmates in jail and persons booked in the last 24 hours.

How Long Do Georgia Arrest Records Stay on File?

In Georgia, when an arrest is not prosecuted or does not result in a conviction, the arrest record will be automatically sealed or removed from a person's public record after a designated period. The period's length is determined by the severity of the charges:

• Misdemeanor charges: two years
• Felony charges: four years
• Violent felony charges and sex-related charges: seven years

However, this programmed restriction may only be temporary. If the prosecutor opts to pursue the case, the record will be reopened until the close of the legal proceeding.

Are Arrest Reports Public in Georgia?

Georgia arrest reports are generally subject to public record laws except where exempted or protected by law. An arrest report is an official document created by the arresting officer that provides a detailed account of an arrest. It contains information such as the date, time, and location of the arrest, the name of the arresting officer, the offense being arrested for, and the name of the person being arrested. Also, information on witnesses could be part of an arrest report.

Arrest reports are important because they provide crucial information for criminal case trials. Arrest reports are public records in Georgia, according to the Open Records Act. They form a solid part of arrest records and are available to be viewed or copied. However, there are some limitations on the type of information that can be disclosed in an arrest report, such as the names of juvenile offenders and the identities of certain crime victims. Also, if the information on an arrest report may interfere with an ongoing police investigation, it could be restricted from public records.

Meanwhile, unlike an arrest report, which gives a detailed account of an arrest, an arrest record is more like an archive of an individual’s arrest history and criminal offenses convicted of and has arrest reports as part of its documents. This record is generally public record, and interested persons may obtain a copy from local law enforcement.

How to Obtain Arrest Records for Free in Georgia?

Obtaining copies of complete arrest records from Georgia state and local law enforcement agencies often requires the payment of a small fee. However, one way to access arrest information for free is through the law enforcement agency's website, specifically the county sheriff's website. It is worth noting that reviewing such data online may only return limited arrest information.

How to Search for a Georgia Arrest Record Online Using a Third-Party Search Service

Arrest records are considered public documents in the United States of America. As a result, numerous third-party public records sites provide arrest records on demand. In addition, because the information gathered by third-party aggregator sites is not limited to one locality or region, searches are considerably easier.

When using a third-party website to obtain an arrest record, users must often submit the following information:

• The record holder's name
• The record holder's location (county, city, state)

However, note that third-party sites maintain databases that are not operated by the government. As a result, record availability may vary between sites.

How to Correct an Arrest Record in Georgia?

When the information on an arrest record is incorrect, it is the responsibility of the agency that created the record to make corrections - and the duty of the record holder to make the agency aware of the error.

To ensure the information on a Georgia arrest record is correct, the record holder may first obtain a copy of their record for a small fee. Upon finding inaccurate information, the record holder may ask the arresting agency to remove the error. If the arresting agency's data is determined to be incorrect, the agency will amend the arrest and identity information using the web-based Computerized Criminal History (CCH) User Interface.

Specifically, owners of arrest records who discover mistakes can follow these steps:

• Verify that the information is incorrect by acquiring a copy of the arrest record from the arresting agency and comparing the information to the record holder's criminal history record.
• The individual must then submit the arrest record, a copy of their criminal history record, and a written request with the error highlighted to the arresting agency.

The arresting agency has 60 days to investigate and, if appropriate, correct the record. If the arresting agency does not act within 60 days, the record holder must file an appeal in the court that handled the case. Then, the individual must send a copy of the appeal to the agency and the prosecutor on the case by certified mail. If the court determines the record is inaccurate or incomplete, the court will order the record corrected within 60 days.

It is worth noting that the Georgia Crime Information Center's criminal records department cannot correct an arrest record without acceptable evidence or authorization from the agency that submitted the incorrect information. For more information, parties can contact the GCIC at (404) 244-2639 or gacriminalhistory@gbi.state.ga.us.

Furthermore, when another individual uses a record holder's identifying information at the time of their arrest, a more extensive process may be required. The subject of the record may need to complete a record inspection with GCIC, which will compare their fingerprints to the fingerprints on file.

Suppose GCIC confirms the information on the record is incorrect and that someone falsely used the record holder's identity at the time of the arrest. In that case, the record holder will be issued a certificate indicating that their fingerprints do not match the arrest records. Then, this certificate must be taken to the arresting agency. The record holder must request that their personal identifying information be deleted from the other person's criminal history record. In this way, the arrest will no longer appear on a person's criminal background check.

How to Expunge Arrest Records in Georgia

An expungement in Georgia means the restriction of criminal records created or maintained by state agencies. A Georgia expungement order does not physically destroy criminal records. It only keeps people from accessing the records unless for law enforcement and criminal justice purposes. The expungement process is referred to as "record restriction".

In general, arrest records may only be expunged in Georgia if:

• The record holder has no pending charges.
• The record holder has not been convicted of the same or a similar offense within the last 5 years.

Still, Georgia law only allows the restriction of arrest records in the following situations:

• Non-convictions:
  • The record-holder was arrested but released without the offense being referred for prosecution, or
  • The prosecuting attorney dismissed the charges without seeking an indictment or filing an accusation.
• An indictment or accusation was filed, but the charges were "nolle prossed," dead docketed, or dismissed.
• The record-holder was a youthful offender under the age of 21 when the arrest record was generated.

The process for restriction/expungement depends on when the individual was arrested and how the case was resolved. Some arrests are expunged automatically after a certain period if no prosecution occured. However, suppose an individual was arrested before July 1, 2013, and the party was not indicted or accused; furthermore, the case was dismissed (and no other exceptions apply). In that case, the record holder must apply for restriction through the arresting agency and pay any required fee.

Meanwhile, if the arrest occurred after July 1, 2013, the record would be restricted once the court clerk or prosecutor enters the appropriate disposition into the Georgia Crime Information Center's database. This process does not require the record holder to apply for a restriction or pay a fee.