Georgia Arrest Records < Are Arrest Records Public in Georgia
Are Arrest Records Public in Georgia.

In Georgia, arrest records are generally regarded as public records, but their accessibility and the precise details available can fluctuate depending on particular situations. The state’s open records statutes provide the groundwork for public access to these documents while also upholding safeguards for specific categories of information.
Georgia Open Records Act
The Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) is the main legislation governing public access to government records, including arrest records. This act asserts that all public records shall be open for individual inspection and copying, except those which by court order or by law are specifically excluded from disclosure. Agencies have three business days to respond to a request for records and may levy reasonable fees for the search, retrieval, and copying of records.
The Act seeks to encourage transparency in government practices while weighing the need for privacy and public safety. It provides a structure for citizens to access details about arrests and other law enforcement activities, which is essential for ensuring accountability in the criminal justice system.
Types of Arrest Records Available in Georgia
1. Booking Reports
Numerous sheriff’s offices in Georgia offer public access to recent booking reports. These typically encompass:
- Name of the apprehended individual
- Date of birth
- Charges
- Booking date
- Mugshot (in some instances)
Booking reports provide a quick overview of recent law enforcement activities and can be useful for those seeking information about recent arrests in their locality.
2. Arrest Warrants
Active arrest warrants are generally public records in Georgia, although access might be curtailed if disclosure could disrupt an ongoing investigation. These documents furnish information about individuals wanted by law enforcement and can be vital for public safety.
3. Incident Reports
Police incident reports connected to arrests are usually accessible to the public, with certain data possibly redacted to shield privacy or protect ongoing investigations. These reports often deliver more in-depth information about the circumstances surrounding an arrest.
Accessing Arrest Records in Georgia
There are multiple ways to obtain arrest records in Georgia:
Local Law Enforcement Agencies: Many sheriff’s offices and police departments maintain online databases or provide in-person access to recent arrest records. These local agencies are frequently the most direct source for current arrest information.
Georgia Crime Information Center (GCIC): The GCIC, managed by the Georgia Bureau of Investigation, maintains criminal history records. However, access is limited and typically requires the consent of the individual whose record is being sought. This centralized database offers a comprehensive view of a person’s criminal history within the state.
Court Records: Arrest information may also be accessible through court records if charges were filed. Court records can provide additional details about the legal proceedings following an arrest.
Third-Party Websites: While these can offer quick access, the information may not always be current or accurate. It’s crucial to verify any details obtained from these sources with official records.
Limitations on Public Access to Arrest Records
While arrest records are generally public in Georgia, there are some notable exceptions and constraints:
Juvenile Records: Arrest records for individuals under 18 are typically not public. This protection is designed to shield minors from long-term effects of youthful mistakes.
Expunged or Sealed Records: Records that have been legally expunged or sealed are not accessible to the public. This process enables individuals to move beyond certain arrests or convictions under specific conditions.
Ongoing Investigations: Data related to pending investigations may be withheld to safeguard the integrity of the investigation and potential legal proceedings.
Privacy Protections: Certain personal details, such as Social Security numbers, may be redacted from public records to maintain individual privacy.
Georgia Laws Governing Arrest Records
Several Georgia laws affect the availability and use of arrest records:
O.C.G.A. § 35-3-34: This law delineates the procedures for requesting and sharing criminal history record information. It defines who can access this information and under what circumstances.
O.C.G.A. § 35-3-37: This statute allows for the restriction of certain criminal history records under specific conditions. It details the process for individuals to request that their records be limited from public view.
O.C.G.A. § 42-8-60: This law addresses first offender treatment and its impact on criminal records. It provides a mechanism for some first-time offenders to avoid a conviction record under particular circumstances.
Record Restriction in Georgia
Georgia law allows for the restriction of certain arrest records under certain conditions. This process, previously known as expungement, can limit public access to arrest data.
Key aspects of record restriction in Georgia:
- It applies to arrests that did not lead to a conviction or were pardoned.
- The process differs depending on the arrest date (before or after July 1, 2013).
- Approval from the prosecuting attorney is mandatory.
- Even when restricted, records remain accessible to criminal justice agencies.
The record restriction process in Georgia involves several steps:
Obtaining Information: Arresting agencies and prosecutor’s offices generally provide details about the restriction process, including application forms and fees.
Submitting the Application: For records created before July 1, 2013, applicants use the Request to Restrict Arrest Record form. For later records, the prosecutor’s office provides the form.
Paying the Fee: The fee for record restriction varies by agency but cannot exceed $50 (O.C.G.A. §35-3-37(n)).
Review Process: The prosecuting attorney’s office examines the application and makes a decision within 90 days.
Learn more about Georgia Criminal History Record Restrictions
Public Safety and Privacy Considerations
The public availability of arrest records in Georgia serves several functions:
- Fosters transparency in the criminal justice system
- Helps communities stay informed about local crime
- Supports background checks for various purposes
However, it also raises issues about privacy and the possibility of discrimination against individuals who have been arrested but not convicted. Georgia’s laws aim to balance these competing interests by providing public access while also offering ways for record restriction under specific situations.
Mugshots and the Georgia Mugshots Law
In 2013 and 2014, Georgia enacted legislation known as the Georgia Mugshots Law (O.C.G.A. § 35-1-19) to address concerns about the commercial exploitation of mugshots. This law bans law enforcement agencies from publishing mugshots on arrest records unless the subject of the mugshot gives written consent. This legislation seeks to prevent the misuse of individuals’ images for profit and protect privacy rights.
Accessing Criminal History Records
For those seeking more complete criminal history information, the Georgia Bureau of Investigation provides a procedure for obtaining criminal history records. This can be done through local law enforcement agencies or directly via the GBI’s Georgia Crime Information Center (GCIC). However, access to these records is limited and typically requires the consent of the individual whose record is being requested.