Are Georgia Records Public?

Yes. Georgia’s Open Records Act (OPA) establishes access to many public records. Residents can see, inspect or obtain copies of different Georgia public records by sending a request to the custodian in charge of the records. Some examples of records available under the OPA include:

• Georgia public sex offender information
• Georgia divorce records
• Georgia public death records
• Georgia public inmate records
• Georgia bankruptcy records
• Georgia public arrest records
• Georgia property records
• Georgia court records
• Georgia vital records

Although public records are accessible in Georgia under the state's public records act, not all records are available to the public. A public data search is, therefore, necessary to check the availability of records. This search often entails accessing official public record databases of government agencies or looking up the various means agencies provide to submit public records act requests in Georgia. In most cases, an individual will find a template or form they can use to send their requests. A free public data search may also be carried out by visiting the agencies maintaining the public records, such as a county sheriff's office, clerk of court's office, and so on.

Who Can Access Georgia Public Records?

Almost anyone can obtain Georgia public records. Georgia’s public record laws specify that records can be accessed by "citizens of the state”. Nevertheless, the state attorney general and multiple court rulings support the view that public records may also be obtained by non-residents of the state—and such persons do not have to provide a reason for requiring a public record. Thus, anyone can obtain a Georgia public record for personal or other uses. For example, employers running Georgia background checks to determine a person's employability often access public information compiled about the person.

Interested persons can obtain copies of a record by submitting a request to any of the agencies covered under the act, including:

• Every county, school district, and municipal corporations in Georgia
• Every county, city, or any other authority established under the law
• Every agency, state department, commission, bureau, board, or state authority
• Every agency, department, bureau, commission, or authority of each municipal, county, or any other political subdivision.

What is Exempted Under the Georgia Public Record Law?

Although Georgia’s Open Record Act provides broad access to government-generated records, it also restricts access to records that contain protected or exempted information, such as personnel records or vital records. Government agencies may deny a request to inspect or obtain copies of any of the following:

• Records containing the personal details of government employees such as the telephone number, home address, medical information, or social security number.
• Records containing private medical information, social security number, insurance information, or other private data
• Records that contain information on real estate appraisals made by an agency in relation to a future acquisition
• Records that contain information the disclosure of which would constitute an invasion of privacy
• Records that contain information deemed confidential or classified by the govt
• Records that provide information about ongoing investigations being managed by law enforcement agencies
• Records that may reveal confidential sources tied to an investigation
• Records containing accident information from the Georgia Uniform Motor Vehicle Accident Reports
• Records containing the personal home addresses, names, security code, or phone numbers connected to fire alarm systems or other security systems

How Do I Find Public Records in Georgia?

Georgia’s Open Record Act mandates that government agencies provide quick access to non-confidential records upon request. Requesters can obtain copies of a record by submitting a request in person or by mail. Although record custodians have different rules, the steps for obtaining public records in Georgia are largely similar:

Identify the Right Record

Record seekers can expedite their search by correctly identifying the type of record required. Georgia public records fall into different categories, ranging from criminal records to court records to vital records. Requesters are also expected to provide enough information to assist with the search, such as the name of the registrant or a case number if known.

Note: Government agencies may defer the search and retrieval of any record if the request appears too broad, overly vague, or burdensome. This is especially true for requests that cost more than $25. The OPA permits agencies to insist on a prepayment for “any instance in which the estimated costs for production of the records exceeds $500.00”.

Identify the Record Custodian

Government agencies manage different records. For instance, the superior courts and state courts maintain public civil and criminal court records, while criminal history information can be obtained by contacting the Georgia Bureau of Information. Similarly, vital records are held by the county clerks or the vital records department of the county where the record holder is resident and divorce records are held by the circuit court clerk. Residents may be able to access a record by submitting a request to the state department that deals with public coordination and communication. Some agencies also have lobbies where visitors can view or inspect open records during working hours.

Create a Written Request

Most agencies and government departments recommend that record seekers submit their requests in writing. This is done to ease the process as well as create a paper trail. Depending on the type of record, requesters may be expected to include key information such as:

• The method of delivery (addresses and contact details)
• A clear description of the record
• The contact details and the full name of the requester
• A specified date range for the request
• Any other information that may assist the search
• The type of record

In selected cases, additional information may be required to process a public records request. For instance, if certified copies of a vital record is required, the requester may need to present a written and notarized consent form. Additionally, if expedited processing is required, or if the inquirer is seeking a record specifically exempted from public disclosure, they will be required to provide additional documentation -- like a subpoena issued by a Georgia court.

Review and Submit Request

The final step to obtaining a record is submitting the request. Residents may opt to either submit their request in person or send it via mail. Some agencies provide an online records request page for added convenience. Custodians typically charge a small fee for photocopying or printing copies of a record for seekers. An additional fee may be charged for searches that require data extraction.

Using Third-Party Sites to Find Public Records in Georgia

Some public records may also be accessible from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. However, users must typically provide enough information to assist with the search such as:

• The name of the subject involved in the record (subject must be older than 18 or not juvenile)
• The address of the requestor
• A case number or file number (if known)
• The location of the document or person involved
• The last known or current address of the registrant

Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.

How Much Do Public Records Cost in Georgia?

Although Georgia public records are generally free, state laws permit public bodies to charge a nominal fee for accessing or creating copies of a record. Government agencies may charge a maximum of $0.10 for each copy of a record (O.C.G.A. § 50-18-71) In addition to the material used for copies, the charges also cover the time spent by the staff while processing the request. Although the process varies with different agencies, most custodians generally insist on payment before the request is processed.

How Do I Look for Public Records in Georgia Free?

Most of the agencies and departments in Georgia allow requesters to conduct a free public records search. For example, the Georgia Department of Corrections provides free online access to inmate information. Also, county clerk or recorder offices can be visited for public records relevant to a locality. Residents can search for offenders by adult name, race, gender, and age. Likewise, information on convicted sex offenders is publicly available and free of charge via the state’s sex offender registry. That said, residents who wish to obtain copies of a record will likely need to pay a small fee.

Do I Need to State My Purpose When Requesting Public Records in Georgia?

No. Requesters do not require a statement of purpose when seeking to inspect or obtain copies of records in Georgia. That said, access to some records may require the provision of a valid government-issued I.D such as a driver’s license or U.S passport. Access to some records may be restricted to only eligible persons, such as the registrant, close family, or legal representative. Requests may also be denied if the custodian considers the information prohibited or exempted by law.

What Happens if I Am Refused a Georgia Public Records Request?

Individuals interested in obtaining a Georgia public record may conduct a public data search to identify the state government agency maintaining the record. After this, such individuals must submit a records request to the respective state government agency. Occasionally, this request may be denied by the agency.

The State of Georgia provides several remedial options for situations where a record request is denied. Requesters can opt to file a lawsuit with the local superior court to force compliance. Residents who choose this option will likely require the assistance of a skilled attorney. Another is to file a complaint with the Office of the Attorney General. This is an effective solution in cases where the requester is able to show that the custodian has willfully and intentionally violated the state’s public record law.

Submitted complaints must include all the details associated with the record request such as:

• A description of the requester record
• The date the request was submitted
• Name of the state government agency and officer who turned down the request
• A copy of the denial letter
• Name and contact details of the requester

Note: Record custodians must provide a written explanation for any denial, stating the legal basis behind the decision.

How to Remove Names From Georgia Public Search Records?

Although removing names from state public records searches can be complicated in Georgia, residents arrested for or charged with crimes may be able to achieve this by having their records restricted (expunged) or sealed by a Georgia superior court. Georgia's public records act permits the selective restriction of some records. The conditions of record restriction largely depend on the type of crime, when the crime occurred, and whether the offender has been arrested for any other crimes.

Restricting Juvenile Records

Residents with misdemeanor convictions may be able to have their names removed from the record if the crime was committed before they turned 21. However, this option is only permitted for individuals who have successfully completed their sentence with no subsequent charges for other crimes (minor traffic offenses not included). Record restrictions are not allowed if the youthful offender was convicted for more serious crimes such as:

• Theft
• Pimping
• Sexual battery
• Computer pornography
• Severe traffic offenses such as vehicular homicide, reckless or aggressive driving, driving under the influence, or fleeing the scene of an accident

Restricting Records for Non-Convictions

Under state laws, residents involved in criminal cases that ended without a conviction may apply for a restriction with the Georgia superior court. This includes individuals with charges that were dismissed, placed on a dead docket, or closed by the law enforcement agency. Residents with cases that ended with a reversed or vacated conviction or a verdict of not guilty may also be eligible for a record restriction. However, a restriction may be impossible if the indicted registrant:

• Has an established pattern of criminal activity prosecuted in another jurisdiction
• Had the charge dismissed as a result of suppressed evidence
• Pled guilty to a separate charge in the case

What is the Best Public Records Search Database?

The public records act in Georgia grants access to records produced or maintained by state government agencies. However, the best public records search database to find Georgia public records largely depends on the type of record sought. Records seekers can typically obtain updated information about a state government agency's public policy by contacting the office or accessing its official public records website. For instance, the Fulton County Sheriff's Office has the best public records database for local inmate information. Meanwhile, the Georgia Bureau of Investigation maintains a central sex offender registry, which is the best public records search database for acquiring information about mid-risk and high-risk sex offenders convicted within the state.

How Long Does It Take to Obtain a Georgia Public Record?

According to the Georgia OPA, state and local agencies must provide a response to public records act requests within a reasonable time that does not exceed three business days (G.A. § 50-18-71(b)(1)(A)). If an agency is only able to fulfill part of a person's public records act request, the custodian must update the requester and provide the results within a three-day period. For records that prove more elusive, record custodians must provide the requester with a description of the records and an estimated cost and timeline of when the records will be available for copying or inspection.

In some cases, record custodians may restrict access to a public record, in whole or in part, because it contains exempt information. Whenever this occurs, the record custodian must provide a reason for the denial, referencing the exact legal code (section and subsection) that forbids disclosure and release.

Is Public Data Search Safe?

Yes, public data search is safe in Georgia. The Georgia public records act allows citizens to access records maintained by various government agencies, such as law enforcement agencies. Hence, individuals in Georgia can safely use public data search services to conduct a free public data search, although access often comes at a cost. Individuals using public data search services should note the possibility of any data supplied during a subscription process being mined by various third-party sites. Fortunately, there are established procedures to opt out of these sites.