Georgia Criminal Records

Are you aware of what Georgia criminal records entail, and how they might affect you or someone you know? Criminal records in Georgia include a comprehensive history of an individual’s arrests, convictions, and other interactions with the law.

Understanding these records is crucial, especially if you’re seeking employment, applying for housing, or involved in legal proceedings. But what challenges arise when accessing or interpreting these records?

Many people face hurdles, such as navigating complex legal jargon, understanding the implications of having a criminal record, and dealing with the potential stigma associated with it.

Additionally, Georgia’s laws regarding the accessibility of criminal records can be confusing, making it difficult for individuals to know their rights or how to correct inaccuracies.

Fortunately, there are solutions available. Resources such as the Georgia Bureau of Investigation provide access to criminal records, while legal assistance can help individuals understand their options for expungement or sealing records.

By educating yourself about Georgia criminal records, you can take proactive steps to manage your history, mitigate any negative impacts, and advocate for your rights in various aspects of life.

How to Obtain Criminal Records in Georgia

Obtaining criminal records in Georgia can be done through several methods, depending on the type of record you need and your preferences for accessing the information. Here’s a step-by-step guide:

A. Online Requests

1. Official State Websites
   • The Georgia Bureau of Investigation (GBI) provides an online portal for requesting criminal history reports. You’ll need to create an account and pay a fee for the background check.
   • The GBI’s “Georgia Criminal History Check System” (GCHCS) allows individuals to search their own criminal records or those of others (with consent).
2. Third-Party Services
   • Numerous third-party websites offer access to criminal records for a fee. While these can be convenient, ensure you use reputable services to avoid misinformation.

B. In-Person Requests

1. Local Law Enforcement Agencies
   • You can visit your local police department or sheriff’s office to request criminal records. It’s advisable to call ahead to inquire about the specific process and any fees involved.
   • Bring valid identification and any necessary documentation, such as a signed release form if you’re requesting someone else’s records.
2. Georgia Bureau of Investigation (GBI)
   • You can also visit the GBI headquarters in person. Bring a valid ID and any relevant documents.
   • Requesting records in person may allow for immediate access to information, depending on the circumstances.

C. Mail Requests

1. Required Forms and Identification
   • To request criminal records by mail, you typically need to fill out a specific form provided by the GBI or the relevant local agency. Include your full name, date of birth, and any other necessary identifying information.
   • Attach a copy of your valid ID and payment for any required fees (usually by check or money order).
2. Processing Times
   • Mail requests may take longer to process than online or in-person requests. Expect a wait time of several days to a few weeks, depending on the agency’s workload and the method of request.

Additional Tips

• Fees: Be aware that most agencies charge a fee for processing requests. Check the specific agency’s website for current rates.
• Consent: If you’re requesting someone else’s criminal records, ensure you have their consent, as required by Georgia law.
• Record Accuracy: If you find any inaccuracies in your criminal record, you can dispute them through the agency that provided the record.

By following these steps, you can effectively obtain criminal records in Georgia for personal review, employment, or other legal purposes.

Types of Criminal Records in Georgia

In Georgia, criminal records are categorized into various types, each serving a different purpose and containing specific information. Understanding these types can help you navigate the process of obtaining the records you need.

A. Arrest Records

• Definition: Arrest records document individuals who have been apprehended by law enforcement for suspected criminal activity, regardless of whether they were convicted.
• Contents: Typically include personal information (name, date of birth), details of the arrest (date, location, charges), and the law enforcement agency involved.
• Access: Available through local police departments or the Georgia Bureau of Investigation (GBI).

B. Conviction Records

• Definition: Conviction records provide information on individuals who have been found guilty of a crime in a court of law.
• Contents: Include details about the offense (type of crime, severity, date of conviction), sentencing information (jail time, fines, probation), and the court that issued the conviction.
• Access: Can be obtained from the court where the conviction occurred or through the GBI.

C. Incarceration Records

• Definition: Incarceration records detail individuals who are currently serving time in prison or have served time in the past.
• Contents: May include information about the facility (name, location), dates of incarceration, charges leading to incarceration, and release dates.
• Access: Generally available through the Georgia Department of Corrections or specific correctional facilities.

D. Expunged Records

• Definition: Expunged records refer to criminal records that have been legally destroyed or sealed, meaning they are no longer accessible to the public.
• Contents: Although the record itself is removed, information about the expungement process and the reason for expungement may still exist in certain databases.
• Access: Expunged records are typically inaccessible to most individuals and organizations, but certain legal entities may be able to verify expungement status for legitimate purposes.

E. Federal Criminal Records

• Definition: Federal criminal records include information on offenses prosecuted at the federal level, such as drug trafficking, immigration violations, and federal fraud.
• Contents: Similar to state records, these include arrest details, charges, convictions, and sentencing information.
• Access: Obtained through the Federal Bureau of Investigation (FBI) or federal court systems.

Rights and Restrictions Regarding Criminal Records

Privacy Rights in Georgia

In Georgia, individuals have specific privacy rights concerning their criminal records. The state recognizes that while public access to certain criminal records is essential for transparency and safety, individuals also have a right to privacy regarding their personal information. This means that certain sensitive details, such as juvenile records or cases that did not result in a conviction, may not be publicly accessible. Individuals can request that their records be restricted or sealed under specific circumstances, especially if the charges were dismissed or if they were acquitted.

Expungement and Sealing of Records

Expungement refers to the legal process of removing a criminal record from public access, effectively allowing individuals to move on without the stigma of past offenses. In Georgia, certain non-violent misdemeanors and arrests that did not lead to convictions may be eligible for expungement. To initiate this process, individuals must file a petition with the court and meet specific criteria outlined by Georgia law. If granted, the record is sealed, meaning it is no longer accessible to the public but may still be available to law enforcement and certain agencies for specific purposes.

Access for Employers and Landlords

Employers and landlords often conduct background checks to assess potential employees or tenants. In Georgia, employers are allowed to access an applicant’s criminal records, but they must adhere to the Fair Credit Reporting Act (FCRA) and other state regulations. This includes obtaining consent from the individual before conducting a background check and providing them with a copy of the report if an adverse action is taken based on the findings. Landlords can also review criminal records to determine if a prospective tenant poses a risk, but they must comply with the same privacy laws and guidelines.

Rights to Contest Inaccuracies

Individuals have the right to contest inaccuracies in their criminal records. If a person discovers incorrect information—such as a wrong conviction or an error in personal details—they can request a correction from the agency that issued the record. This may involve submitting evidence or documentation to support the claim. If the agency refuses to make the correction, individuals have the right to appeal the decision through the appropriate legal channels.

Accessing Criminal Records in Georgia

In Georgia, criminal records can be accessed through various channels depending on the purpose of the request, whether for employment, licensure, or personal searches.

A. Accessing Records through GBI and GCIC

• The Georgia Bureau of Investigation (GBI) and the Georgia Crime Information Center (GCIC) are key resources for obtaining criminal records, especially for employment and licensure purposes.
• To facilitate background checks, individuals may need to visit multiple LiveScan locations throughout the state for official fingerprinting required for both statewide and national background checks.

B. LiveScan Process

• Agencies requesting criminal history checks must:
  • Complete a LiveScan request form.
  • Schedule a fingerprinting appointment through the GCIC Georgia Applicant Processing Services (GAPS) website.
  • Maintain a registered account with GAPS.

C. Fees for Criminal Histories

• Criminal history checks through the GBI and GCIC involve various fees based on the type of record requested:
  • A statewide check for employment or licensure costs $30.
  • A national check costs $43.25.
  • Volunteer screenings cost $28 for statewide checks and $39.25 for national checks.
  • An additional fee of $8.25 per record applies if processed through GAPS.

D. Personal Criminal History Requests

• The GBI primarily handles official employment and licensure screenings, not personal criminal history requests.
• Individuals seeking their own criminal history should:
  • Request it from their local sheriff’s office or police department.
  • Most agencies require personal requests to be made in person, and fees are payable at the law enforcement agency.

E. Online and In-Person Requests

• Some law enforcement agencies offer an online request portal, while others necessitate in-person visits.
• To learn more about obtaining personal criminal history checks, individuals can call their local sheriff’s office for guidance on the process and applicable fees.

Searching Court Criminal Histories

To search the court criminal history of a resident, follow these steps:

1. Open the Administrative Office of the Courts website on your computer.
2. Click on the link under E-Access to Court Records.
3. Select the county where the court case was heard.
4. Log in or register with PeachCourt, the judicial branch’s online public records repository.
5. Search by case number, county, or defendant name.

• Note that PeachCourt searches typically require payment of a fee based on the records requested.
• Name-based searches can reveal if an individual has appeared in different courts across the state for various matters.

This structured approach provides clear guidance on accessing criminal records in Georgia, whether for employment purposes or personal inquiries.

Navigating Georgia Criminal Records: Local Agencies and Online Services

For those seeking fingerprint-based criminal records in Georgia, the Georgia Bureau of Investigation (GBI) serves as the primary source. However, individuals looking to conduct a statewide name-based search should contact their local law enforcement agency.

To obtain a copy of Georgia criminal records, individuals typically need to visit their local department or access the department’s website to find the records request procedures.

Example Procedures by Local Agencies

• Atlanta Police Department:
  • Individuals must mail a notarized request form for a criminal history check, along with a copy of a government-issued ID and a payment of $10.
  • The mailing address is as follows:yamlCopy codeAtlanta Police Department Attention: APD Identification Unit 3493 Donald Lee Hollowell Parkway Atlanta, Georgia 30331
• Cobb County Sheriff’s Office:
  • Requests must be made in person at the Cobb County Jail.
  • Applicants must present a valid government-issued ID and pay $0.25 per page for local records, along with a fee of $20 for a full criminal history.
  • Additionally, a $3 charge applies to all transactions, along with a 3% fee for payments made by credit card.

Each law enforcement agency establishes its own protocols for obtaining criminal histories, and fees can vary from one department to another. While some agencies may offer fingerprinting services, most refer individuals to the GBI for fingerprint-based criminal history checks.

Online Requests through GAPS

For those opting for online services, the Georgia Applicant Processing Services (GAPS) provides a convenient way to request criminal histories through the GBI. The fees for online GAPS checks are as follows:

• State only (electronic): $38.25
• State only (paper copy): $46.25
• State and federal (electronic): $51.50
• State and federal (paper copy): $59.50
• Volunteer state only (electronic): $36.25
• Volunteer state only (paper copy): $44.25
• Volunteer state and federal (electronic): $47.50
• Volunteer state and federal (paper copy): $55.50

Georgia criminal records encompass adult criminal matters that have not been expunged, including Georgia arrest records and the disposition of cases. Understanding the different procedures and fees involved can help individuals efficiently navigate the process of obtaining their records.

Final Verdict

In my experience, navigating the process of obtaining Georgia criminal records can feel overwhelming at first, but understanding the steps involved can significantly ease the journey. Whether you’re seeking a background check for employment, licensure, or personal reasons, knowing where to start is crucial. The GBI is an invaluable resource for fingerprint-based checks, while local law enforcement agencies can assist with name-based searches.

I’ve found that taking the time to research the specific procedures for each department can save you both time and frustration. Fees vary widely, so being aware of the costs upfront is beneficial.

Moreover, agencies like the Atlanta Police Department and Cobb County Sheriff’s Office have distinct protocols that require attention to detail, especially regarding identification and submission methods.

Overall, understanding the types of records available and knowing how to access them is empowering. It not only helps in personal situations but also promotes transparency in employment and community safety.

With the right information and a clear plan, accessing Georgia criminal records can be a straightforward process that leads to informed decisions and peace of mind.