Georgia Court Records

Are Georgia Court Records Public?

The Georgia Open Records Act of 1959 authorizes the public to access most court records in courthouses across the state. However, the general right to access does not apply to every court record, as access to certain documents may be restricted due to the sensitive nature of the records' contents. Records of juvenile proceedings are considered confidential and are sealed from public view. However, the public may access a few records of some juvenile court proceedings, such as child support hearings and proceedings involving juveniles charged with felonies. Sealed court records are only partially inaccessible, as they can still be accessed by authorized persons, including parties involved in the cases recorded and other persons authorized by the court.

What Shows Up on a Georgia Court Records Search

Georgia court records detail court cases' events, activities, and outcomes. According to Georgia Code § 50-18-91, Georgia court records are materials possessed or generated under ordinance or legal provisions during court cases. They include papers, books (excluding library-organized books), documents, maps, letters, microfilm, and other recordings regardless of physical form. They become court records when they are created or received by officials of any court in the state, including the Supreme Court, the Court of Appeals, and Superior, State, Juvenile, Probate, and Magistrate courts.

A Georgia court records search allows inquirers a means to access these records. Searches may be conducted through official court custodians or third-party aggregate sites. A court record search is crucial for staying current about legal proceedings, understanding how legal issues affect their lives and how they can use the courts, and scrutinizing the Georgia judiciary.

How Do I Find Court Records in Georgia?

When obtaining court records in Georgia, the first step is to determine the courthouse where the case was filed or heard. Typically, the courthouse where a lawsuit is filed maintains the case's official records and provides access to these records in hard copy or electronic format upon request. The two ways to access court records in Georgia include:

• In-person request at the courthouse
• Online request

Georgia Court Records Public Access

Most Georgia courts offer in-person and remote access options for obtaining court records generated by the courts. To access these records, requesters can visit the courthouse where the case was filed and complete any required form or request the records in writing from the court's clerk's office. Specify the requested court records and give the required details to facilitate the record search. The E-Access Court Records portal on the Georgia Courts' website provides access to the addresses, contact information, and website of all Courts in the state. Each court provides specific details on accessing its records and the required fees. Court record requesters may also contact the court clerk where the case was filed for more information and inquiries.

How to Obtain Georgia Court Records In-Person

With online requests, requesters can conveniently search from computers, tablets, and smartphones with stable internet connection. On the E-Access Court Records portal, requesters can access court records online by clicking on their specific courts and following the directions provided. However, a requester must register an account to access the records on the site. The information required to register an account includes the user's first and last name, e-mail address, and password. An online search can be performed with either the case number or the name of a party to the record.

How to Conduct a Georgia Court Record Search by Name

Interested members of the public may conduct a court record search by name with the E-access to Court Records tool provided by the Judicial Council of Georgia. It is a state-wide tool that covers most state and superior courts in the state's judicial system. The Council uses a third-party provider to host court documents based on county and court. Searchers must choose the court before entering search parameters. It is important to note that requesters must create an account with the provider to search court records.

County clerks also provide online and in-office court record search tools for Magistrate, Probate, State, and Superior courts. Some online case management systems do not grant access to official records, and county clerks don't guarantee accurate findings on those databases. For example, the Cobb County Clerk of State Court upholds a disclaimer stating that records on its online database are provided without guarantee. Official records are mostly provided in person at the clerk of court's office. However, some counties, such as Fulton, allow searchers to request and certify official court records online for a fee. Site visitors must create an account to access the service.

The next search option is visiting the county clerk's office or the courthouse where the case was heard. Requesters can search records by name and purchase physical copies of court documents.

How to Get Court Records Online for Free in Georgia

Individuals can access basic court case details online for free. These details include case parties, case events, opening and closing dates, case type, case status, docket entries, and names of judges presiding over each case. Individuals who want to request copies of court documents have to pay a fee, whether they are requesting online or in person.

Interested parties can visit the Georgia Judicial Council website or the website of the county where the courthouse is located to access court cases online.

Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:

• The name of the person listed in the record. Juveniles are typically exempt from this search method.
• The last known or assumed location of the person listed in the record. This includes cities, counties, and states.

While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.

Types of Courts in Georgia

The Georgia court system consists of 8 courts. These courts include:

• The appellate courts - The Court of Appeals and the Supreme Court
• The trial courts - The Municipal, Magistrate, Probate, Juvenile, State, and Superior Courts

What Shows Up on Georgia Judgment Records?

Georgia judgment records are official documents created when a court issues a decree or order, i.e., a judgment, after a trial or examining the facts of a case. A judgment becomes binding when the court clerk enters it into the court record, typically signifying the end of most cases. The Georgia Open Records Act makes judgment records from state cases open to the public, and the Freedom of Information Act does the same for cases tried and closed in federal courts.

In any way, persons who wish to obtain judgment records must first determine the court that handled the case. In most cases, the court is located in the defendant's county of residence or where the dispute or crime happened. Next, the requester must possess the details to facilitate a search for the judgment records, including the case number and parties' names. Armed with this information, the requester may visit the clerk's office during regular business hours and submit a request for the judgment record. The clerk will charge an administrative fee to cover the labor cost of retrieving the document and making copies. Additional fees apply if the requester wants the documents certified. Most courts accept payment by cash, money order, certified check, and credit card payments for in-person requests. Cash is not acceptable for mail-in requests.

Besides visiting the court and sending a mail-in request, an interested person may also remotely obtain judgment records in Georgia. This method involves visiting the court portal and submitting an online request using the case number and litigants' names as search parameters. Ultimately, persons who obtain Georgia judgment records can expect to see the names of the persons involved in the case, the judge's name, and the judgment per charge or dispute.

Are Georgia Bankruptcy Records Public?

Georgia bankruptcy records refer to records of people or companies who filed for bankruptcy in Georgia. These records often contain specific details of the parties or entities filing for bankruptcy. Bankruptcy can only be filed in two courts in Georgia:

• The United States Bankruptcy Court, Northern District of Georgia
• The United States Bankruptcy Court, Southern District of Georgia.

The Northern District has offices in Atlanta, Gainesville, Newnan, and Rome. The Southern District of Georgia has offices in Augusta, Brunswick, Dublin, Savannah, Statesboro, and Waycross. The documents usually requested when filing for bankruptcy in Georgia are:

• Identification documents: Driver's license or social security card
• Asset list: Bank statements, real estate deeds, insurance policies, vehicle titles, and any business they may invest in.
• Income: Tax return copies from 2 previous years and pay slips from six months to the present
• Debt: Recent credit report, outstanding bills such as utilities, credit card statements, ongoing legal proceedings (document of foreclosure, debt collection) and judicial liens, creditors' list, their addresses, and amount owed.

Bankruptcy records typically feature information regarding the financials of the petitioner, court proceedings, and judgments. These documents and related recordings, such as Georgia liens, writs, and contracts, can be accessed by interested and eligible persons per state law.

How to Find Bankruptcy Records in Georgia

Bankruptcy records are materials created and obtained during legal proceedings initiated by insolvent business entities and individuals. Bankruptcy cases in Georgia fall under federal jurisdiction and are filed in the United States Bankruptcy Court of the Northern District of Georgia.

11 U.S.C. § 107 grants members of the public access to Bankruptcy court records except for those restricted by statute or court order.

The Federal Court System provides different ways to inspect or request Bankruptcy records. Requesters can do any of the following to obtain these records in Georgia:

• Use the Public Access to Court Electronic Records (PACER): PACER is the federal judiciary's electronic records system where researchers can find information about cases filed in bankruptcy, appellate, and district courts. Each page obtained through PACER, including search results pages, transcripts, reports, and documents, costs $0.10. However, there is a maximum fee of $3 per document, regardless of the number of pages. Requesters will also pay $2.40 per audio file. Some groups and individuals, such as academic researchers, indigents, pro-bono attorneys, and nonprofits, may be exempt from paying fees. Parties to a case who receive Notices of Docket activity may also acquire records free of charge.
• Visit the Clerk's Office: Members of the public can view case records and documents for free at the public computer terminals available at any of the Bankruptcy court's divisional clerk offices listed below:

Gainesville
Sidney O. Smith Federal Building and
United States Courthouse
121 Spring Street South East, Room 120
Gainesville, GA 30501
Phone: (678) 450-2700

Atlanta
Richard B. Russell Federal Building and
United States Courthouse
75 Ted Turner Drive, South West
Atlanta, GA 30303
Phone: (404) 215-1000

Rome
United States Courthouse
600 East First Street
Rome, GA 30161
Phone: (706) 378-4000

Newnan
Lewis R. Morgan Federal Building and
United States Courthouse
18 Greenville Street
Newnan, GA 30263
Phone: (678) 423-3000

While viewing documents is free, researchers must pay $0.10 to print documents and $0.50 to make copies. They can request photocopies in person at any of the clerk's office locations, by Phone: ((404) 215-1169), or online.

• Use the Multi-Court Voice Case Information System (MCVCIS): MCVCIS allows the public to obtain case information for free over the telephone. Details available through this service include case status, trustee, asset/no asset designation, case number, attorney, judge, chapter, debtor name, and filing date. Requesters can access the service 24/7 throughout the year from any touch-tone telephone. Individuals can follow the prompts after dialing (866) 222-8029 to obtain case information from the Georgia Northern Bankruptcy Court.
• Go through National Archives and Records Administration (NARA) for archived cases: NARA stores archived cases generated and collected by the Bankruptcy Court of the Northern District of Georgia. To obtain records from NARA, requesters are required to provide the following information:
• Case number
• Names of parties in the case
• Range of filing date
• Name of the court
• FRC Transfer Number (If the case was filed in 1940 and later)

Individuals can send their requests through the following means:

Phone: (816) 268-8000
E-mail: kansascity.archives@nara.gov
Postal mail:
National Archives at Kansas City
400 West Pershing Rd.
Kansas City, MO 64108

Some court records, especially those created in the last fifteen to twenty years, may still be with the Federal Records Center (FRC) if they are no longer in the custody of the court where the case was filed. In this case, requesters have to request the records from the FRC. They must provide some case information, such as box number, case number, location number, and transfer number. They can obtain this information from the clerk of the court that created the records.

• SmartScan (Electronic Record Retrieval Service): The public can use SmartScan to request scanned documents delivered electronically instead of getting boxes from an FRC or requesting NARA copies. The service provides a maximum of 100 pages of scanned judiciary documents at $19.90 flat and $0.65 per page.

Can You Look Up Court Cases in Georgia?

Yes, individuals can look up court cases in Georgia, although certain cases with confidential information are sealed from public view. Individuals can access court cases via the online search tool on the courthouse's website of the court where the case was filed. They can also visit courthouses in person to look up accessible court records.

Looking Up Georgia Court Case Records: Exemptions

Georgia court records are presumed to be public records unless exempted by law or statute. Sometimes, a court may order the sealing or redaction of specific court records and files.

Juvenile Records

The court may seal specific Juvenile records in the following events, according to Georgia Code § 15-11-701:

• Dismissal of a complaint or petition: A court can seal records and files if a case about a child's bad behavior or need for professional help does not get to trial because it was dismissed, dropped, or settled out of court.
• Rehabilitation of the individual: The court may seal a person's case records and files after a court hearing if they have been released for over 2 years, haven't been convicted of or committed a serious crime, have no ongoing cases against them, and have improved their life through rehabilitation.
• Victim of sex trafficking or sexual exploitation: The court records of a child found guilty of a sexual crime can be restricted from public access if the child was a victim of sexual exploitation or sex trafficking as a result of the crime.
• Protecting the identity of a victim of a sexual offense: Court records that contain a victim's personal information can be protected by a court if an adult committed the crime and qualifies as a sexual offense under Georgia law.

Once the responsible body or court official enters the court order, the judicial branch will treat the sealed records like they never existed. Clerks of Courts will notify requesters that such records do not exist. However, the documents may be unsealed by the person whose details were sealed, by court order, or for criminal justice purposes by criminal justice officers.

Criminal Records

Some criminal records can be sealed if they meet the requirements outlined in Georgia Code § 35-3-37. The law allows individuals who have been convicted, indicted, or charged with criminal offenses to petition the court that handled their case to restrict public access to their records.

Court Rules

According to specific court rules, such as Rule 21 of the Uniform Rules of the Superior Court, court records may be restricted from public access if a court finds that the harm of exposing such records will be greater than the public interest.

How to Find a Court Docket in Georgia

Members of the public can access court dockets of State, Superior, Probate, and Magistrate courts by visiting the courthouse where the case was heard, visiting the website of the county where the court is located, or using the Georgia Judicial Gateway system.

Georgia court dockets are recordings that chronicle the events of a case as they occur. These events, including rulings, motions, and hearings, can be arranged chronologically on the docket, detailing the case's progress. Judges, court officials, lawyers, parties to a case, and other interested individuals can use dockets to track cases.

Civil vs Small Claims Courts in Georgia: Understanding the Difference

Georgia Magistrate Courts preside over most civil cases in the state because the state does not have a central Civil Court system. However, Augusta-Richmond and Macon-Bibb Counties have Civil Courts presiding over civil cases within these counties. These Georgia small claims courts hear civil disputes involving amounts at most $15,000. The parties involved can argue their cases themselves instead of hiring attorneys during civil court case hearings. Examples of these civil cases include county ordinance violations, landlord/tenant cases, bad checks, etc.

Under Article III, section 5-254 of the Code of Ordinances, the Civil Court arm of the Macon-Bibb Civil and Magistrate Court has authority concurrent with the Superior Court to preside over civil proceedings and handle civil cases involving amounts not more than $25,000 in disputes. This contrasts with the Magistrate Court arm, which presides over civil disputes involving amounts not more than $15,000. The Civil Court arm of the Macon-Bibb Civil and Magistrate Court also presides over all suits, warrants, and proceedings to evict intruders and to remove tenants holding over.