Georgia Arrest Records Search

What is Considered an Arrest in Georgia?

The Official Code of Georgia Annotated (O.C.G.A). § 17-4-1 generally outlines the legal definition of arrest in the state and sets the rules and guidelines for making arrests in Georgia. Per the law, an arrest occurs when a person's liberty is restrained by law enforcement officers or other persons authorized by law. Law enforcement officers touching a person does not constitute an arrest. Arrests typically involve physical force or the voluntary submission of the individual to law enforcement. Therefore, an arrest is complete in Georgia when a person's freedom of movement is restricted through physical force, verbal submission, or both.

Arrests in Georgia are protected by Title 17, Chapter 5 of the O.C.G.A., and the Fourth Amendment, which protects the right of individuals from unlawful search and seizures. The law necessitates that law enforcement obtain a warrant based on probable cause before conducting an arrest or a search, except the arrest falls under an exception to the warrant requirement. Per Section 17-5-30 of the O.G.C.A., evidence obtained without proper warrants is inadmissible in court.

Law enforcement agencies must follow specific legal procedures to protect arrestees' rights during arrests. Peace officers must act within the bounds of state law to ensure the individual's rights are protected. Therefore, as defined by state law, arrests must typically comply with the following:

• Custody and Control: Custody means that the person is deprived of their freedom of movement and under the physical and legal control of the officers. During custody, law enforcement officers physically restrain the arrested individual with handcuffs or detection in a police vehicle. Police officers typically must follow the guidelines set by the law as outlined in Section 17-4-20(3)(C)of the O.C.G.A., authorizing the use of reasonable force when in control of an arrested individual.
• Legal Authority: Law enforcement officers must have legal authority to make arrests. The legal authority to make arrests is through a warrant issued by a judge based on probable cause. While most arrests are based on warrants, Section 17-4-20(2) of the O.C.G.A. generally permits warrantless arrests if the arresting officer has probable cause to believe the individual committed the crime.
• Miranda Rights: Law enforcement officers generally must inform arrested persons of their Miranda rights before interrogation. Designed to protect the individual from self-incrimination, the Miranda warning must include the right to remain silent, the right to an attorney, a court-appointed attorney where the individual cannot afford one, and anything said can be used against the person in court.
• Restraint and Transport: Georgia law permits peace officers to use reasonable force to restrain and transport arrested individuals. Peace officers restrain arrested persons due to safety concerns. Handcuffs are typically the most common form of restraint during arrests. Excessive force or overly tight handcuffs violate the individual's rights. Likewise, law enforcement officers transport arrestees to the detention facility. During transportation, officers must ensure the individual's safety.
• Booking Process: On arrival at the detention facility, arrested persons undergo the booking process. It typically involves documenting personal information, charges, fingerprints, personal property, and bail and detention of the arrestee.

In Georgia, arrests may occur for various reasons, ranging from criminal offenses to traffic violations and juvenile offenses. Criminal offenses are the most common reason for arrests in the state. Criminal offenses are classified under felonies and misdemeanors. Criminal offenses typically include arrests for armed robbery or shoplifting. Likewise, some traffic violations, such as driving under the influence (DUI) or failure to produce a valid driver's license when pulled over, can lead to arrest. Other instances that lead to arrests in Georgia generally include violating a restraining order from the courts, public intoxication, and juvenile offenses.

Arrests and detention both involve restraining an individual. However, they are two different legal actions. Arrest is generally taking a person into custody when there is probable cause to believe a crime has been committed. Arrest has legal consequences, as they may llead to criminal charges. Detention is a temporary measure to hold an individual for questioning or investigation. Detention is short-term and does not lead to criminal charges. The detained person is typically free to leave once the investigation is complete.

What is Unlawful Arrest in Georgia?

An unlawful arrest is the restriction of a person's freedom by law enforcement without following constitutional standards. For arrests to be lawful, police officers must follow proper procedures, have the authority to make the arrest, and respect the individual's rights. The following circumstances typically make arrests unlawful in Georgia:

• Lack of Probable Cause: Unlawful arrests lack probable cause. Law enforcement officers must have sufficient evidence to believe that the individual perpetrated the crime.
• Violation of Constitutional Rights: Unlawful arrest infringes on a person's constitutional rights. The Fourth Amendment generally protects Georgians from unreasonable searches and seizures by law enforcement officers. Violating a person's constitutional rights during arrests makes it unlawful.
• Arrest Without a Warrant: Arrests are generally based on warrants unless officers witness the crime or have probable cause to make a warrantless arrest. Arrests made outside these scenarios are unlawful.
• Mistaken Identity: Arresting someone unconnected to a crime based on incorrect information or assumptions makes the arrest unlawful.
• Procedural Violations: Arrests become unlawful when police officers fail to follow proper procedures, typically such as failing to read the suspect their Miranda rights or using more force than necessary during the arrest.

Unlawful arrest generally results in significant legal consequences. Unlawful arrest results in the exclusion of evidence. Per Section 17-5-30 of the O.G.C.A., if law enforcement officers arrest and seize evidence without probable cause, that evidence is inadmissible. Also, persons unlawfully arrested may file for civil rights lawsuits under Federal Law 42 U.S.C. § 1983 and Section 51-7-1 of the O.G.C.A. The law permits citizens to sue law enforcement officers for violating their constitutional rights.

Are Arrest Records Public in Georgia?

Yes, arrest records are generally public records in Georgia. Per Section 50-18-71 of the O.C.G.A., known as the Open Records Act, all public records, including arrest records, are open for inspection and copying to anyone on request, except those exempted from disclosure by a court order or state or federal laws. Under Georgia law, most information on arrest records is available to the public. Publicly accessible information typically includes:

• The name, age, gender, physical description, and address of the person arrested
• The date, time, and location of the arrest
• The arresting officer's name, department, and badge number
• The criminal charges filed against the individual
• The location of the detention facility and the bail amount
• The court information

Mugshots are typically public records in Georgia. Mugshots are photographic records taken during the booking process. Some states restrict access to mugshot information to prevent damage to a person's reputation, where the charges result in a conviction. However, in Georgia, mugshots are accessible to the public, except they are part of sealed or expunged records.

While most information on arrest records is accessible to the public under Georgia's Open Records Act, some information on the report is withheld to protect the privacy and safety of the record holder. Consequently, sensitive personal information such as Social Security numbers, driver's license numbers, and financial information are typically closed to the public. Also, juvenile arrest records, sealed or expunged arrest records, and arrest records tied to ongoing investigations are generally not available to the public.

What are the Types of Arrest Records in Georgia?

Arrest records are generally maintained by various law enforcement agencies at the state and county level in Georgia. The type of arrest records available differs depending on the agency that creates and keeps them.

Arrest records are available at the county and state level. At the county level, arrest records are maintained by local law enforcement agencies such as county sheriff's offices and municipal police departments. Cities and towns have their police department that handles arrests, while county sheriff's offices are established in areas not covered by city police departments.

The Georgia Bureau of Investigation (GBI) compiles and maintains arrest records at the state level. The GBI manages the state Criminal History Records Information (CHRI), a centralized database that includes information on arrests reported by law enforcement agencies across Georgia. Arrest records from the GBI typically provide a comprehensive overview of an individual's arrest history.

Where are Arrest Records Kept in Georgia?

Arrest records are generally maintained by various law enforcement and government agencies in Georgia. Each agency creates and maintains arrest records based on its jurisdiction and type of offense. The following typically outlines the agencies that maintain arrest records in Georgia and how to access them:

• Local Police Departments and Sheriff's Offices: Local police departments and county sheriff's offices across Georgia create and maintain arrest reports for incidents that occur within their jurisdictions
• State Police and Georgia Bureau of Investigation (GBI): The GBI manages a statewide database of criminal records, including arrest records. The CHRI, a centralized repository, generally collects data from law enforcement across the state and grants access to the record through the Records Request Center. Alternatively, record seekers may access state arrest records through the Georgia Felon Search system.
• The Courts: Arrest records from the courts are created when an arrested suspect is brought before a court. Also, court records may include arrest warrants. The court keeps arrest records and warrants as part of the case documentation.
• Correctional Facilities: The Georgia Department of Corrections (GDC) generally maintains records of persons arrested and incarcerated in state correctional facilities. Primarily, the GDC does not focus on arrests. However, arrest records form part of an individual's criminal history file with the Department of Corrections. Likewise, federal correctional facilities in Georgia, such as Atlanta Federal Correctional Institution, Atlanta Residential Reentry Management, Glyco, Jesup Federal Correctional Institution, and the Southeast Regional Office, all typically maintain records of arrests as part of inmate records information.
• Federal Agencies: Arrests for federal offenses are maintained by federal agencies. The Federal Bureau of Investigation (FBI) keeps records of violations of federal statutes and interstate offenses. The FBI generally maintains a nationwide database, the National Crime Information Center (NCIC), for criminal history, which includes Georgia arrest records

How To Find Public Arrest Records in Georgia?

Public arrest records in Georgia are generally accessible through multiple avenues, including:

• Local Police Departments and County Sheriff's Offices: Many police departments and county sheriff's offices provide online portals or arrest logs to search for arrest records. Also, local law enforcement agencies generally have a records division that maintains arrest reports. The records are typically accessible by visiting the specific police department or county sheriff's office. Alternatively, record seekers may mail a request for the arrest document.
• The GBI: The GBI provides access to criminal history records, including arrest records, through the Georgia Crime Information Center (GCIC). The GCIC allows for in-person inspection of criminal records. However, accessing the record is based on appointment. Record seekers may also submit an Open Records Request online with the GBI.
• The GDC: The GDC has an online Offender Search tool to access records of offenders, which typically includes arrest reports
• County Courts: The Georgia court system provides a centralized online database, Odyssey eFileGA, to access case files. Arrest records from the courts are also accessible in person or by mail from the record custodian -the clerk of courts in the county where the case was handled.
• Third-Party Websites: Additionally, third-party websites generally provide access to public arrest records. Platforms like RecordsFinder typically compile data from various government sources and allow users to search for publicly available arrest records. Although third-party websites provide easy access to arrest reports, they may not always have complete data compared to official government sources.

How Long Do Arrests Stay on the Record in Georgia?

Generally, arrest records stay on a person's criminal records indefinitely unless expunged or sealed. Unlike some states where arrest records are erased after a certain period, arrest reports in Georgia stay permanently on a person's record. Therefore, record holders generally must actively pursue expunging or sealing of their arrest records. However, Georgia does have a time-expired restriction on arrest records. Per Section 35-3-37 of the O.C.G.A., the GIGC restricts access to criminal information, typically including arrest records, where there is no update on the case from law enforcement of the prosecutor's office after a predetermined period.

How To Seal or Expunge an Arrest Record in Georgia?

Most arrest records stay on a person's record for life unless expunged or sealed. In Georgia, Record restriction is the legal process to restrict access to arrest reports as provided in Section 35-3-37 of the O.C.G.A. While the state permits restricting some arrest records, it typically does not offer a process to completely expunge the records like most states. Instead, Georgia restricts access to the records, making them inaccessible to the public, but the records are still available to law enforcement and certain government agencies.

The time limit for restriction depends on the nature of the offense. For misdemeanors, the arrest record is restricted after 2 years, and 4 years for felony arrest. For arrest records involving serious felonies or victims under 16 years, the records are restricted after 7 years.

Expunging arrest records differs from sealing them. Expunging arrest records erases it. In states where expungement is permitted, the record is typically destroyed and treated like it never existed. Sealing an arrest record restricts the records from public access. They are not deleted or erased and are still generally accessible to the courts, law enforcement agencies, and certain employers.

The process of restricting arrest records in Georgia depends on the time of the arrest. Arrest occurring before July 1, 2013, requires the record holder to submit written requests duly signed by the record holder and sent to the arresting agency. For arrests after July 1, 2013, the record holder may contact the prosecuting attorney handling the case to request the restriction. Application is not required for persons arrested after July 1, 2013. However, persons arrested before that date may apply for record restriction at the GBI. Such persons must fill out the Request to Restrict Arrest Record Form. The form requires that the arrested individual, the arresting agency, and the prosecuting attorney complete the form. It costs $25 to restrict arrest records. The fees are payable by money order or check to the GBI to seal the record. Requesters may mail the form to:

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