Georgia Court Records

The Georgia court system may be broadly divided into two appellate level courts and seven classes of trial-level courts. At the top of the appellate system is the Supreme Court, which serves as the highest legal authority in the state, reviewing cases involving constitutional matters, election disputes, and significant public interest issues. As the intermediate appellate court, the Court of Appeals handles appeals from lower courts except for cases that fall under the exclusive jurisdiction of the Supreme Court.

Below the appellate courts are the trial courts, the state courts, the superior courts, and several specialized courts. The superior courts have general jurisdiction and handle both civil and criminal cases, including felonies, divorce proceedings, and land disputes. State courts primarily deal with misdemeanor cases, traffic violations, and civil disputes that do not require the involvement of a superior court.

Additionally, Georgia has several specialized courts designed to address specific legal matters, such as juvenile courts, probate courts, magistrate courts, municipal courts, and recorder's courts. Each year, Georgia courts handle more than 2 million cases annually.

What Are the Types of Court Records In Georgia?

While Georgia courts handle different types of cases, they still generate records via various actions taken by people coming in contact with the judiciary system in the state and employees of the courts. Each of these courts has a clerk responsible for maintaining the records created in that court.

The following are the records maintained by each court type in Georgia:

• Supreme Court
• Appellate case records: Appeals from lower courts, including case files, decisions, and opinions.
• Attorney disciplinary records: Complaints, investigations, and rulings on attorney misconduct.
• Judicial disciplinary records: Proceedings and sanctions against judges.
• Rules and procedural orders: Court rule amendments and administrative procedures.
• Writs and motions: Filings for extraordinary legal relief, such as habeas corpus petitions.
• Georgia Court of Appeals
• Appeals case records: Case filings, decisions, and opinions.
• Motions and petitions: Requests for reconsideration or modifications.
• Docket sheets: Listings of cases pending before the court.
• Briefs and legal arguments: Documents submitted by attorneys in appellate cases.
• Superior Courts
• Criminal records: Felony charges, indictments, trial records, and sentencing details.
• Civil case records: Lawsuits involving monetary claims above $25,000, personal injury, and contract disputes.
• Divorce and family law records: Divorce decrees, custody agreements, and spousal support rulings.
• Real estate and property records: Deeds, land disputes, and title claims.
• Protective orders: Restraining orders issued in domestic violence and stalking cases.

• State Courts
• Misdemeanor criminal records: Case filings, verdicts, and sentences for non-felony crimes.
• Civil case records: Disputes involving small claims and contract violations.
• Traffic violation records: Citations and penalties for traffic infractions.
• Juvenile Courts
• Juvenile delinquency records: Cases where minors are accused of criminal acts.
• Dependency and neglect records: Child welfare and custody-related filings.
• Adoption and guardianship records: Legal documents regarding minor adoptions and appointed guardians.
• Emancipation records: Court decisions on minors seeking legal independence.
• Probate Courts
• Wills and estate records: Probate of wills, distribution of assets, and executor appointments.
• Marriage records: Issuance of marriage licenses and related documents.
• Guardianship records: Appointments for minor or incapacitated individuals.
• Mental health commitment records: Court orders for involuntary mental health treatment.
• Magistrate Courts
• Small claims court records: Civil disputes under $15,000.
• Landlord-tenant records: Evictions, security deposit disputes, and lease violations.
• Arrest warrant records: Requests and approvals for arrest warrants.
• Preliminary hearing records: Initial hearings in felony cases to determine probable cause.
• Civil Courts
• Contract dispute records: Cases involving breach of contract and financial disputes.
• Personal injury case records: Lawsuits related to negligence, workplace injuries, and accidents.
• Debt collection cases: Legal actions regarding unpaid debts and creditor claims.
• Municipal Courts
• Traffic and parking violation records: Citations and penalties for local infractions.
• City ordinance violation records: Cases involving municipal laws and regulations.
• Misdemeanor records: Minor criminal offenses occurring within city boundaries.
• Recorder's Courts
• Traffic ticket records: Citations, penalties, and court decisions on moving violations.
• Local ordinance violation records: Cases related to noise complaints, zoning issues, and health code violations.

Are Georgia Court Records Public?

Georgia court records are generally considered public records following the provisions of the Georgia Open Records Act (GORA). GORA mandates that records of government bodies in the state, including the judiciary, be made available for public inspection.

However, some records of the judiciary, including some court records, may be exempt from public disclosure under certain circumstances. The GORA also allows entire sections of some court records to be exempt from disclosure. Common records or information that may be exempt from public disclosure in Georgia include adoption records, juvenile court records, mental health and medical records, sexual assault and domestic violence cases, cases involving confidential informants, certain divorce and family law records, and grand jury proceedings.

Georgia courts may order the sealing of court records for several reasons, including protecting individual privacy, preserving business or trade secrets, protecting national security or public safety, and ensuring fair trials.

How Do I Search Georgia Court Records?

You may search Georgia court records online and at courthouses in the state. The state's judicial council provides online links, via its e-access page, to the websites of courts in the state where users may find the records they need. For many of these websites, users are required to register to create an account on the websites or have an eFileGA Account before they may perform a search.

To search online for a Georgia court record, the following may be required:

• Case number
• Party name
• Filing date
• Case type

Also, the Georgia Supreme Court allows the public to search its dockets using its docket system search. Users may perform a search on the system using any of the following options:

• Attorney information
• Party name
• Case number
• Case style
• Lower court case number
• Court of appeals case number

How To Retrieve Court Records Offline

If you prefer offline access to Georgia court records, visit the courthouse where the particular case was filed. In many Georgia courthouses, visitors may use the public access terminals to view or inspect court records. If you need a certified copy of a Georgia court record, submit a request at the office of the clerk of the court where the case was filed.

The office of the clerk typically requests the same type of information that an online search will require, such as case type, case number, party name, and filing date. Depending on the type of record requested, you may also need to submit an identification, such as a driver's license or state ID.

Can I Seal or Expunge an Ohio Court Record?

The State of Georgia no longer uses the word "expungement" for court records since court records are not destroyed. The state offers record restriction and sealing. Record restriction means the state limits access to official Georgia criminal history reports maintained by the GCIC (Georgia Crime Information Center) while sealing limits access to court records.

To seal a record in Georgia must formally request it through the court as it is not an automatic process. According to O.C.G.A. 35-3-37(m)(2), a judge may order a record to be sealed if the harm to the individual outweighs the public's interest in keeping the record accessible.

Under O.C.G.A. 35-3-37, you may be eligible for record restriction (sealing) if:

• You were arrested but not convicted.
• Your case was dismissed or resulted in acquittal.
• Your charges were withdrawn via pretrial intervention or diversion programs.
• Your conviction was later vacated or overturned.
• You were convicted of certain misdemeanors that qualify for restriction.
• You were convicted of certain misdemeanors while under 21 years old.
• You were convicted of certain felonies and later received a pardon from the Georgia State Board of Pardons and Paroles.

There are two routes to record restrictions in Georgia:

• Automatic Restrictions (Requires court petition for sealing): Automatic restrictions are allowed in situations where:
• Charges were dismissed
• The prosecutor did not pursue the case
• The case resulted in a not-guilty verdict
• You successfully completed a pretrial diversion program
• Misdemeanor Conviction Restrictions: Individuals may restrict up to two misdemeanor convictions. However, the conviction must be for an offense that is eligible for record restrictions. While most misdemeanors are eligible, some are not. These include:
• Sexual battery
• Family violence assault
• Serious traffic violations such as reckless driving
• DUI
• Public indecency
• Family violence stalking
• "Peeping Tom" crimes
• Child molestation
• Other offenses listed under O.C.G.A. § 35-3-37(J)(4)(A)

To file for record restrictions in Georgia, you may follow these steps:

• Confirm Eligibility: Consult with the Georgia Bureau of Investigation (GBI) or an attorney to determine if your case qualifies for record restriction or sealing.
• Gather Documentation: Collect all necessary documents, including court records, arrest records, and any evidence of case dismissal or acquittal.
• File the Appropriate Petition: Depending on your case, you may need to file petitions with multiple entities. This may include the prosecutor's office, the law enforcement agency that made the arrest, and the court where your case was handled.
• Await Decision: After you submit your petition, the relevant agency or court will review your request. This process may involve attending a hearing where you can present your case. You may be asked to provide any additional information or documentation requested.
• Verify Restriction: If your petition is approved, confirm that your record has been restricted in the Georgia Crime Information Center (GCIC) database.

Due to the changing laws on record restriction and sealing in Georgia, you may consider hiring an experienced attorney to verify that you are eligible for either record relief option before submitting a petition. Note that the arresting agency or the office of the prosecuting attorney may charge up to $50 as the request processing fee. Also, the GCIC requires a fee (typically ranging from $10 to $40) to process the records restriction in their state database.

How To Search Federal Court Records in Ohio

The Northern, Middle, and Southern Districts of Georgia make up the three federal courts in the state. These three courts handle cases relating to immigration, bankruptcy, intellectual property disputes, and violations of federal laws within the jurisdiction of Georgia.

You can obtain the records of these courts by visiting the courthouse locations. However, if you prefer online access, you may use the Public Access to Court Electronic Records (PACER) system. The PACER system requires users to create an account before they may search federal records. After logging in, users may search court records using case name, case number, or party name.

How To Get Georgia Court Records Online for Free?

Georgia court records are available online for free via official sources and third-party websites. If you want to find court records online for free via official sources, you may use the e-access page of the Georgia Judicial Council to locate official resources hosting court records across various jurisdictions in the state. If you want to use a third party, you may consider reputable websites such as peoplerecords.us. Third-party websites collect information from official sources into databases that may be searched by the public.