Georgia Criminal Records

In Georgia, criminal records are public documents that people can access through the right channels. It is initiated to promote transparency in different sectors. Criminal records are descriptions of previous crimes and convictions. In the event a person is convicted of an offense like theft or murder, they are first taken into custody before being arraigned in court.

Arrest records are documented by law enforcement agencies like the Sheriff's Office and Police Department. These agencies later transmit this data to the Georgia Crime Information Center of the Georgia Bureau of Investigation (GCIC) under the GBI division. Additionally, all the courts in the state forward any conviction or incarceration records to the GCIC. This agency maintains all criminal records in the state. This is to ensure the safe storage of information. It is also for public access of information by law enforcement agencies.

Criminal records enable employers, landlords, and other organizations to make sound decisions before they employ people or rent out their houses to them. By allowing individuals to run a background test, these records contribute to society's safety. Furthermore, the records also assist people in regulating their legal status and giving them a better grasp of their rights.

What is Included in the Criminal Record?

A criminal record in Georgia is a detailed record of criminal activities. Some of the common details to find in a record include:

• Personal Information such as their name, alias, date of birth, and description.
• Arrest Records including date and place of arrest, arresting officer's identity and the agency behind the arrest. It also consists of the offense charges at the time of arrest.
• The criminal records details, regardless of whether a conviction occurred or not.
• Court rulings that entail acquittals, dismissals, or convictions.
• Records of court decisions on the prison term, fines, probation, or other punitive terms.
• Details on the correctional facilities, incarceration dates, and parole.

An arrest record is significant to the criminal record, issuing specific details concerning apprehension, such as personal details, arrest details, charges of arrest, and circumstances of arrest.

Are Criminal Records Public In Georgia?

In Georgia, criminal records are open to the public. This means that anyone can - search a person's criminal history without permission or consent. The GBI preserves these records through the Georgia Crime Information Center (GCIC). However, while criminal records are available, some data may be redacted to prevent personal information disclosure.

How to Access Criminal Records in Georgia

A person looking to look up criminal records in the state can do it both online and offline. Here are the different methods available for obtaining criminal records in the state:

Online Request

One can use the Georgia Felon Search. The Georgia Felon Search (GAFS) is a tool provided by the Georgia Bureau of Investigation (GBI), allowing individuals to search for personal criminal records. That said, the search does not produce sealed or expunged information, juvenile felonies, or data on misdemeanors. To access the search:

Visit the Georgia Felon Search Website:

• Provide Search parameters: Give the required details, including the full name of the individual in question, dates of birth, and other credentials.
• Pay the Fee: The cost of each search is $15.

Using authorized third-party service:

Additionally, there are other third-party services that are approved by the state of Georgia to offer criminal records searches. Interested people can follow this procedure:

• Choose a reliable third-party service provider that provides criminal record search for Georgia.
• Provide the details of the person to be searched as you would do when filling out the GAFS.
• Pay the fee set by the third-party service, and it varies depending on the provider.

Offline Access

Another way to get a copy of a criminal history record is to visit the local Sheriff's or Police Departments.

• Visit a nearby Sheriff's Office or Police Department that has the service.
• Present a valid form of identification.
• Complete the necessary request form with accurate information about the individual whose record is requested.
• There may be a small fee for processing the request. This fee varies by location.

Mailing a Request to GCIC

People may also get these records from the Georgia Crime Information Center (GCIC) by mail. One can follow these steps:

• Pen a formal request letter including the individual's full name, date of birth, or other information.
• Provide a photocopy of a valid identification card and the fees by money order or check.
• Send the request to the GCIC at the provided address.

What is Considered a Felony in Georgia?

Felonies in Georgia are crimes that a person can commit, and they are punishable by more than one year. However, Georgia does not separate felony crimes according to different classes or categories. There are statutes, though, to indicate the maximum punishments that can be imposed for each crime. These are illustrated as follows:

Violent Crimes

• Murder and Manslaughter: Murder is considered one of the highest-level felonies. It can either be premeditated, which is first-degree murder, or unintentional, which is the intentional killing of another person.
• Assault and Battery: that is serious physical harm or the use of lethal weapons. These are grounds for an aggravated assault and battery.
• Robbery: it is the act of taking something from someone else through force. Often, it is by using a weapon.

Property Crimes

• Burglary: The act of entering a building with the intention of committing a crime. Depending on circumstances, it can be classified as first-degree burglary for residential properties or second-degree burglary for commercial properties.
• Arson: Intentionally setting fire to property, like buildings, is arson, and this is treated as a felony due to the potential for causing harm and property damage.

Drug Offenses

• Trafficking: The wide-scale distribution of illicit drugs. It depends on the amount of the drugs and the type.
• Possession with Intent to Distribute: the possession of large quantities of drugs or controlled substances is considered a felony.

White-Collar Crimes

• Fraud: Fraud is dishonest practices to gain profit. It includes securities fraud, credit card fraud, and insurance fraud.
• Embezzlement: this is the act of misappropriation of assets or funds from an employer.

Sex Crimes

• Rape: This is non-consensual sexual intercourse by penetration of any bodily orifice by a sexual organ.
• Child Molestation: That is carrying on or engaging in sexual acts with minors with or without implied consent.

Motor Vehicle Crimes

• Vehicular Homicide: It is causing the death of one or more individuals by negligent or reckless vehicle operation.
• DUI Felony: When an individual is repeatedly found guilty of driving under the influence, it becomes a felony offense.
• Hit and Run: Being involved in a collision and fleeing the scene of the accident. This is even if there was no resultant injury or death.

Other Serious Crimes

• Kidnapping: Taking and holding individuals against their will is kidnapping, which is a felony.
• Human Trafficking: taking, transporting, and exploiting people against their will, either for labor or prostitution purposes.

Penalties For Georgia Felonies

When individuals commit felonies, penalties also depend on the severity and type of the offense. For example, first-degree murder convictions can carry life sentences. That said, if the person were found to have committed the act unintentionally, it would carry a lighter sentence of perhaps 15 to 20 years in prison. Additionally, an individual convicted of aggravated assault may get a prison sentence ranging from one to twenty years. Though, this also depends on the circumstances.

Common penalties for felony offenses in Georgia include:

• Imprisonment: Convicted felons may be issued lengthy sentences in state prisons, often exceeding one year.
• Fines: Felony convictions can result in substantial financial penalties, sometimes reaching tens of thousands of dollars.
• Probation: Offenders might be placed on probation, requiring regular check-ins with a probation officer and compliance with specific conditions.
• Loss of Civil Rights: Convicted felons often lose the right to vote, serve on juries, and possess firearms.
• Restitution: Offenders may be required to pay restitution to victims to compensate for their losses.

What is a Misdemeanor in Georgia?

In Georgia, a misdemeanor is any crime punishable by up to one year of imprisonment, a fine of up to $1,000, or both. Common types of misdemeanor offenses in Georgia include:

Traffic Violations

• DUI (First Offense): Driving under the influence for the first time is typically classified as a misdemeanor.
• Speeding: Exceeding speed limits, especially in school zones or construction areas, is a common misdemeanor.

Petty Theft

• Shoplifting: Stealing items with a value below a certain threshold, often set at $500 or less, is considered petty theft.
• Vandalism: Damaging property of low value can also fall under this category.

Disorderly Conduct

• Public Intoxication: Being intoxicated in public spaces and causing a disturbance.
• Disturbing the Peace: Engaging in behavior that disrupts public order and tranquility.

Simple Assault

• Minor Physical Altercations: Engaging in a fight or physical confrontation without causing severe injury.

Trespassing

• Unauthorized Entry: Entering someone's property without permission, primarily when no damage is caused.

Marijuana Possession

• Small Amounts: Possession of small quantities of marijuana for personal use is often treated as a misdemeanor.

Penalties for Misdemeanor Charges in Georgia

In Georgia, a misdemeanor offense carries a less severe penalty than a felony offense. For example, a first-time DUI offender can serve up to 12 months in jail or a fine of up to $1,000 and community service. Shoplifting can result in jail time, fines, or a possible probation sentence.

Common penalties for misdemeanor offenses in Georgia include:

• Sentences can range from 93 days to one year
• Pay fines up to $1,000.
• Probation
• Community Service
• Participation in educational or rehabilitation programs

How Long Does a Georgia Criminal Record Stay In a Background Report?

Generally, criminal records are reported on a background check permanently, and they can be used for a lifetime unless some steps are taken to remove them. This includes all forms of criminal convictions, including felonies and misdemeanors. There are certain crimes, such as murder and sex offenses, that are reported in the background check permanently, even if the incarceration release or disposition date is available.

Currently, Georgia law does not limit the period that an employer or any other entity can conduct a background check for employment or any other purpose. Thus, employers, landlords, and other entities can view criminal records regardless of the time of the criminal activities.

However, some records may not be accessible to the public through expungement or record sealing. For instance, persons arrested but not charged might be allowed to seal their records so that they are not accessible to the public.

Sealing and Expungement of Criminal Records in Georgia

In Georgia, the processes of sealing and expunging criminal records are known as "record restriction" and "expungement," respectively. People can restrict or expunge their records when they want to limit public access to certain criminal records.

When an individual requests to restrict records, it limits the public from having access to any of the documented criminal history. This process does not destroy the record but restricts its visibility. Eligible crimes for record restriction typically include:

• Non-convictions: Arrests that did not result in a conviction,
• Certain Misdemeanors: Some misdemeanor convictions may be eligible, especially for first-time offenders.

On the other hand, expungement involves completely removing a criminal record from public access. This is more comprehensive than record restriction, erasing the record as if the crime never occurred. However, expungement in Georgia is more limited and generally applies to:

• Non-convictions: Similar to record restriction, cases where the individual was acquitted.
• Juvenile Offenses: Certain juvenile records may be eligible for expungement.

Process and Timeframes

• Determine if the offense qualifies for restriction or expungement. Non-convictions are typically eligible after two years, provided no charges are pending.
• Fill in a Request to Restrict Arrest Record form or any other forms the prosecuting attorney may provide.
• Provide any additional documentation like a copy of the criminal history, a court order, or a certified copy of the court's final disposition.
• The prosecuting attorney or arresting agency may charge individuals a fee of up to $50 to process the request.
• The attorney must review and approve the request. If approved, the record will be restricted or expunged and submitted to the GCIC database. However, the process depends on when an individual was arrested and which prosecuting attorney or agency is processing the case.

A person needs to send the approved application to the GCIC when the prosecuting attorney cannot access the GCIC database. That will also incur a processing fee, which can be paid by check or money order to the Georgia Bureau of Investigation.