Georgia Arrest Records

Georgia has an arrest rate of 1,906.1 per 100,000 residents, making it the 10th state with the lowest rate of arrests in the United States, behind Texas and Michigan. Annually, law enforcement agencies in Georgia record over 185,000 arrests. Top arrests for crimes in the state include drug abuse violations at 15.2%, simple assaults at 11.4%, and aggravated assault at 5.4%.

The arrest rate for all offenses in the US is 2,187.7 arrests per 100,000 residents. Compared with neighboring states like North Carolina and Florida, with arrest rates of 2,31.85 arrests per 100,000 residents and 2,306.95 arrests per 100,000 people. Georgia has a relatively low arrest rate. These lower rates may suggest a decrease in crime rate and chances in law enforcement practices.

What Is an Arrest Under Georgia Law?

Arrest, defined by Section 17-4-20 of the Georgia Code, is the detaining or taking into custody of an individual by law enforcement officers with or without a warrant. However, arrest without a warrant by law enforcement is subject to specific conditions.

Type of Arrests in Georgia

Georgia law classifies arrests into two broad categories: Arrest with a warrant and Arrest without a Warrant.

Warrant Arrests

A warrant is a legal document issued by a judge or magistrate authorizing a law enforcement officer to take actions, such as making an arrest or conducting a search. Arrest warrants are generally issued when there is probable cause to believe a person has committed a crime. Probable cause under Georgia law refers to a reasonable belief based on facts and circumstances, that a person is about to commit or has committed a crime. Probable cause is reviewed by the courts before an arrest warrant is issued.

Warrantless Arrests

A warrantless arrest in Georgia refers to law enforcement officers arresting without a court-issued warrant. Warrantless arrests are generally subject to the following conditions in Georgia:

• The offense was committed in the presence of a law enforcement officer or within the officer's immediate knowledge
• The offender is attempting to escape
• The officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult
• The office has probable cause to believe that an act of family violence has been committed

Warrant and warrantless arrests may be made for:

• Felony arrests
• Misdemeanor arrest
• Domestic violence arrests
• Traffic-related arrests
• Public order arrest
• Preventing suicide arrests
• Immigration-related arrests

What Are Georgia Arrests Records?

Arrest records in Georgia are the official documents detailing the arrest of an individual. Arrest records typically detail a person's apprehension, detention, and custodial commitment to a crime. Arrest records generally document the events leading up to an arrest and the outcomes, conviction, acquittal, or charge dismissal. Arrest records are created when a law enforcement officer detains a person based on probable cause that they have committed a crime. Arrest records, also called Record of Arrest and Prosecution, RAP Sheet, may contain personal information about the arrested individual, details of the arrests, including date, time, and location, case information, custody information, such as mugshot, fingerprints, and detention facility, and legal proceedings, including the court dates and charges filed.

Arrest records are generally not criminal records. Arrest records specifically document the arrest event alone. It is created when an individual is detained by law enforcement and serves as a record of the initial detention and charges filed. Criminal records are typically comprehensive records that include all criminal history information beyond the arrest. Criminal records may provide a complete history of an individual's involvement with the criminal justice system, including arrests, charges, convictions, and sentencing.

How Can Arrest Records Be Accessed in Georgia?

The Georgia Open Records Act 50-18-70 provides the foundation for public access to government records, including arrest records. Per the Act, all public records, including arrest records, are open for personal inspection by any citizen of the state at any time and place, except those records are specifically exempted from being open to the general public. However, although some public records are closed to the public, law enforcement agencies, judicial authorities, criminal justice agencies, government agencies, employers and licensing boards, and legal professionals may access sealed public records through a court order. Accessing arrest records in Georgia is generally possible at the state level, local level, and through the courts.

State Level - Georgia Bureau of Investigation

The Georgia Bureau of Investigation (GBI) is an independent statewide agency that supports the state criminal justice system. The GBI maintains the Georgia Crime Information Center (GCIC), which provides access to criminal history records, including arrest records. The GCIC has no provision for online access to arrest records. Therefore, arrest records are accessible in person or by mail. In-person access to arrest records is limited to record inspection and fingerprinting services, which are strictly appointment-based. Call (404) 244-2639 option 1 to schedule the appointment. Access to complete arrest records is through mail requests. A request for criminal history records, which includes arrest records, may be mailed to:

Georgia Crime Information Center

CCH/Identification

P.O. Box 370808

Decatur, GA 30037

Local Level - Local Law Enforcement Agencies

Local police departments and sheriff's offices across Georgia maintain the record for arrests within their jurisdiction. Accessing these records is by mailing a record request through the police or Sheriff's Office records department or visiting the office in person to access or obtain copies. Some police departments and sheriff's offices provide online access to arrest records.

Court Level - Georgia Judicial Gateway

The Georgia Judicial Gateway provides the public online access to various court records, including criminal cases, which may contain arrest records. Also, the county courts where the case was prosecuted grant the public access to arrest records. Visit the Superior Court Clerk's office in the county where the arrest occurred and request access to criminal case records. Some clerk's offices offer online databases to access the records, while others require mail requests to grant access to criminal case records.

How Long Will an Arrest Report Stay on Your Georgia Records?

In Georgia, arrest records remain indefinitely on a person's criminal records, except steps are taken to seal or expunge the records. Therefore, unless the record holder takes deliberate and specific steps to remove the arrest record, it stays on the person's record for life, as arrest records are not automatically expunged or sealed in the state.

Can You Expunge Your Arrest Records in Georgia?

Georgia, unlike most states in the U.S., does not use expungement because the records are not destroyed, rather they are restricted from the public and limited to specific individuals and agencies, such as employers, housing providers, and law enforcement agencies. The state refers to sealing criminal records as the Records Restriction Process.

Per the Georgia Code 35-3-37, not all records qualify for record restriction. Arrests where the charges were dismissed, or the cases resulted in a non-conviction are eligible for restriction. In addition, the state permits the restriction for most misdemeanor offenses. However, felonies are rarely eligible for restriction. The process to restrict arrest records depends on when the arrest occurred:

• Arrest Before July 1, 2013: To restrict arrest records before July 1st, 2013, record holders must submit a written request to the arresting agency. The arresting agency forwards the application to a prosecuting attorney's office for review and approval
• Arrests From July 1, 2013: the record holder contacts the prosecuting attorney's office in the county where the arrest happened directly. There is no need to contact the arresting agency

When the request to restrict arrest records is approved, the arresting agency and the prosecution attorney will notify the GCIC for record restriction. Where the arrest results in an acquittal at trial or dismissal of charges before the trial, the individual may wait up to three years with no new arrests before applying for records restriction.

Is Citizen's Arrest Legal in Georgia?

Yes. Citizen's arrest is legal in Georgia. A citizen arrest occurs when an individual detains another they believe has committed a crime. Per Section 17-4-60 of the Georgia Code, a private person may arrest an offender if the offense is committed in their presence or within their immediate knowledge. Also, for felony offenses where the offender is attempting an escape, a private citizen may detain the offender based on reasonable and probable grounds of suspicion. For a citizen arrest to be legal, the offense must be committed in the presence of the arresting individual if the offender is attempting to escape for felony crimes, or if the arresting individual has firsthand information about the crime.

Under Georgia law, a police officer may perform a citizen arrest under certain conditions. If the crime happened in their presence, and where there is probable cause - reasonable grounds to believe a crime is being committed, a police officer may make a citizen arrest. Lastly, officers who witness a felony crime outside their jurisdiction may also conduct a citizen arrest.

Citizen arrests are not false arrests. Citizen's arrest occurs under the authority of state laws. The crime the individual is being accused of for the citizen's arrest must be witnessed by the arresting party. A false arrest is usually made without witnessing a crime or suspicion of a crime. It is detaining someone without a valid reason or the right to arrest. False arrest typically results in civil liabilities for damages with claims for false imprisonment and abuse of process by the arresting individual.

How to Look Up Arrest Warrants in Georgia

A warrant is generally a formal authorization issued by a judge or magistrate, permitting an officer to take a specific action that may be considered a violation of an individual's rights. In Georgia, warrants may be arrest, bench, or search warrants. An arrest warrant authorizes the arrest and detention of the person suspected of committing a crime. A bench warrant is issued for an individual who fails to turn up in court. A search warrant allows law enforcement to search a specific location for evidence of a crime.

Searching for arrest warrants in Georgia requires accessing various databases and local resources. For instance, the GCIC maintains a statewide database of criminal records, which include arrest warrants. Local law enforcement agencies such as the sheriff's office and police departments across Georgia maintain arrest warrants for arrests within their jurisdiction. Record seekers may visit the website of local law enforcement to search for arrest warrant information. Arrest warrants may be accessed at the county courthouse where the arrest warrant was issued. The Clerk of the Superior Court may provide online access to warrant information through their case search tool. There are several third-party online services that aggregate warrant information across various jurisdictions. For a fee, they provide access to arrest warrant information.