Georgia Criminal Records

Per recent crime statistics published by the Georgia Bureau of Investigation (GBI), Georgia has a total crime rate of 2,114.8 per 100,000 residents and a violent crime rate of 343.4 per 100,000 (approximately 16% of the state's total crime index).

Criminal records in Georgia are official documentations of an individual's interactions with the state's justice system, detailing arrests, charges, convictions, sentencing, incarceration history, and more. Several local and state agencies, including county sheriff's offices, municipal police departments, superior courts, and the Georgia Department of Corrections, maintain copies of these criminal records. However, the GBI serves as the state's central repository for criminal records and typically provides access to these records through the Georgia Crime Information Center (GCIC).

Are Criminal Records Public in Georgia?

Criminal records are generally considered public in Georgia and may be inspected and/or copied by interested members of the public under the Georgia Open Records Act. However, access to certain types of criminal records are exempt from disclosure under this law, including:

• Criminal records that could reveal the identity of a confidential source, disclose sensitive investigative materials, endanger someone's safety, or expose ongoing surveillance.
• Records from ongoing investigations or prosecutions (excluding the initial arrest or incident report).
• Records that are statutorily required to be kept confidential, such as juvenile offender records and restricted (sealed) records.

How To Look Up Criminal Records in Georgia?

The Georgia Bureau of Investigation (GBI) manages the state's criminal history data and typically provides interested parties with access to copies of their criminal history records through local law enforcement agencies. You will typically need to contact your local law enforcement agency to get specific requirements on how to obtain copies of your criminal history record through them.

The GBI also offers fingerprint-based background checks through its Georgia Crime Information Center (GCIC). This process typically involves registering an account and submitting the fingerprints of the person whose records are being requested through the Georgia Applicant Processing Service (GAPS) system and paying the stipulated fees. Inquiries on fingerprint-based background checks in Georgia may be directed to the GCIC via email or by calling (404) 244-2639, option 2.

How To Search Georgia Arrest Records?

Arrest records in Georgia are generated when an individual is detained and taken into custody by local police departments, county sheriff's offices, or state agencies like the Georgia State Patrol. These records typically include details like:

• The name, sex, age, and physical description of the person arrested
• The date, time, and location of the arrest
• The arresting agency
• A description of the alleged offense(s) and the charges filed

You can typically access Georgia arrest records by contacting and submitting a records request to the arresting agency. Be aware that these agencies typically only maintain records of arrests that they handled - as such, it is important to determine the specific arresting agency to ensure that you gain access to the required records. Some law enforcement agencies in Georgia also provide online arrest logs or search tools that offer free (but usually limited) access to their arrest records.

How To Search Georgia Warrants?

Warrants in Georgia are judicial orders authorizing specific actions, such as arrests or searches, within the bounds of the law. These warrants may be issued by any judge of a superior, state, city, or magistrate court or any municipal officer with the powers of a magistrate. A retired judge or judge emeritus may also issue a warrant if they have a written authorization from an active judge. Common types of warrants issued in Georgia include:

• Arrest Warrants: These allow law enforcement to detain an individual suspected of committing a crime.
• Search Warrants: These permit authorities to search a specific location for evidence related to a crime.
• Bench Warrants: These are issued when someone fails to appear in court or violates a court order.

Per Section 17-5-25 of the Code of Georgia, a search warrant must be executed within 10 days of being issued; search warrants that are not executed within this timeframe become void and must be returned to the court that issued it. However, arrest and bench warrants do not expire; these warrants remain active indefinitely until the person is arrested or the warrant is resolved/revoked by the issuing court.

You can typically obtain information on active warrants in Georgia through county sheriff's offices. These offices generally allow individuals to request warrant information about themselves and may also facilitate warrant searches on other people. You will typically need to provide details about the individual who may have a warrant, including their full name and date of birth. Be aware that sheriff's offices only handle warrants for their jurisdictions, so you need to determine the specific county where the warrant was issued and contact the appropriate office. Depending on the sheriff's office, you may be given the required information over the phone or be required to visit the office in person; some county sheriffs also provide online access to their active warrant lists.

Can I Obtain a Georgia Criminal History Record of Another Person?

Per Section 35-3-34 of the Code of Georgia, private individuals and businesses in Georgia may access another person's criminal history record only with the person's signed consent. This consent must include the person's full name, address, Social Security number, and date of birth, and it must be on a GCIC-approved form. You may contact your local law enforcement agency for guidance on obtaining copies of another person's criminal history record; these agencies typically also have copies of the required request form available.

Notwithstanding this, the state also provides access to a Georgia Felon Search platform that may be used to view and obtain copies of felony conviction records without the consent of the person named on the record. Note that you will need the person's full name, date of birth, and sex to initiate a search on this platform. There is a $15 fee per search payable via credit card.

How To Expunge or Seal Georgia Criminal Records

Georgia does not offer a true expungement process (where records are permanently deleted or destroyed). However, individuals can have their criminal records restricted; this basically seals the record, making it inaccessible to the public and preventing it from appearing on most background checks. Be aware that restricted records will still be available to judicial officials and criminal justice agencies.

Record restriction is typically available for all non-convictions (arrests that did not result in an indictment, where no charges were filed, the charges were dismissed, or the person was acquitted at trial). Certain misdemeanors and pardoned convictions (including felonies) may also be restricted. However, violent felonies and serious sex offenses are ineligible for record restriction.

The process for getting your records restricted in Georgia is largely determined by when the arrest occurred:

• For arrests that occurred before July 1, 2013, record restriction requests are processed by the arresting agency. This generally involves completing a Request to Restrict Arrest Record Form (this form has three sections, which must be completed by you, the arresting agency, and the prosecuting agency) and submitting the completed and approved form, along with a $25 fee, to the GCIC. Note that additional fees of up to $50 may apply, depending on the arresting agency involved.
• For arrests that occurred after July 1, 2013, you will need to contact the prosecuting agency directly to get information on how to restrict your records. Generally, you will need to determine your eligibility, which typically includes completing all imposed sentences (where applicable) and confirming that the record qualifies for restriction and sealing.

Note that, per Section 35-3-37(h) of the Code of Georgia, the GCIC automatically restricts access to an individual's criminal history records if it does not receive details on the final dispositions of an arrest after a certain period. This may range from 2 - 7 years, depending on the type of offense.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Georgia?

Per the Fair Chance Act, federal agencies and contractors in Georgia cannot ask job applicants about their criminal history until they (the applicants) have been extended a conditional job offer. Several state laws, such as Sections 35-3-37 and 42-8-60 of the Code of Georgia, also restrict the use of criminal history information in the state for employment and licensing purposes by limiting access to juvenile, restricted, and sealed criminal records.

Notwithstanding this, professional licensing boards are given broad discretion under Georgia law (specifically Section 43-1-19 of the Code of Georgia) to deny or revoke licenses based on criminal records. Similarly, Georgia does not have any state-specific laws about how criminal records may be used for housing and generally follows federal Fair Housing Act guidelines, which bar blanket denials based on criminal history and require landlords to consider factors like:

• The nature of the offense and how recently it occurred.
• Evidence of rehabilitation.
• Relevance of the offense to the safety of other tenants.

Can I Access Georgia Criminal Records for Free Online?

Several websites claim to offer online access to Georgia criminal records, some at no cost and some for a nominal fee. However, in many cases, the information provided by these sites is usually inaccurate or outdated. To access accurate and up-to-date Georgia criminal records, it is best to contact the agency that holds the records directly. Alternatively, you may utilize reputable online resources like the Georgia Felon Search platform or GeorgiaPublicRecords.us.