Georgia Criminal Records

Georgia Criminal Records disclose what a criminal did to breach the law. People often call these "rap sheets". These criminal records contain information about the crime, like the details of an arrest, the terms of an indictment, pending dispositions, information about a conviction, and more.

The Georgia Crime Information Center (GCIC) keeps track of these criminal records in the state. The information comes from all three government levels: the state, the county, and the municipality.

According to the Georgia Open Records Act, criminal records are public. Thus, unless the law prohibits access to particular records, every public member has a legal right to view the documents preserved by the agency in charge.

However, these papers might be kept private for security reasons. Furthermore, the court has sealed or deleted some records that the public can't access.

If you successfully obtain or find a copy of Georgia Criminal Records, specifically, it will include the following information:

• Personal information (full name, birthdate, height, weight, race)
• Any aliases
• Identifying features (hair and eye color, tattoos, etc.)
• Mugshots
• Fingerprints
• Charges
• Prosecution date
• Guilty Pleas
• Past and current indictments
• Date of arrest
• Arrest records, including arrest warrants
• Conviction information (felony or misdemeanor)

The types of criminal records kept in Georgia vary on the crimes committed, and these can be:

Felonies

Unlike many other states, Georgia does not categorize felony offenses as class A or level 1. Instead, laws establish the maximum punishment allowable for each crime. Some crimes may also have harsher penalties, like having to serve a minimum sentence.

Here are some examples of felony records with maximum penalties:

• Murder under aggravated circumstances is punishable by death.
• Forcible rape, abduction for ransom, and second-degree murder carry life sentences.
• Terrorist threats resulting from injury and employing explosives to harm or kill others can carry a 40-year prison sentence.
• Aggravated assault or battery and armed carjacking are both 20-year felonies.
• Enticing a minor under 16 is a 30-year felony.
• Aggravated stalking and stealing by coercion are both 10-year felonies.
• Obstructing a police officer and sexually assaulting a minor are both felonies punishable by five years.

How long are Georgia felony records kept? Felony records in Georgia are viewable to the public for life unless you restrict them by petition.

Misdemeanors

Like many other states, Georgia separates misdemeanors from felonies depending on the time a person spends in prison. The crime is categorized as a misdemeanor if the penalty is a year or less in prison.

In Georgia, there are two types of misdemeanor records:

High and Aggravated Misdemeanors

This type of misdemeanor entails a 12-month prison term and a $5,000 fine. In certain situations, a misdemeanor will progress to a high and aggravated misdemeanor if it meets any of the following conditions:

• The defendant has previous convictions.
• The defendant committed the offense against a vulnerable or protected victim, such as an older adult, a family member, a hospital worker, or a school employee.

In Georgia, some instances of high and aggravated misdemeanor records include:

• Third DUI
• Aggressive driving
• Attempting or fleeing from a police officer

Other Misdemeanors

These misdemeanors carry a maximum 12-month prison term and a $1,000 fine. Examples of these are:

• Low-level property offenses (such as theft and criminal trespass)
• Simple assault and battery
• Disorderly behavior
• Public drinking
• Stalking

In Georgia, a misdemeanor record may remain on file eternally, making it difficult to find work, spend meaningful time with your family, or find suitable housing. As with a felony, a misdemeanor conviction can upend your life.

Before 2021, Georgia residents couldn't expunge misdemeanors. However, Senate bill 288 modified that, and you can now delete certain misdemeanor records if you meet the requirements.

Criminal Driving Violations

In Georgia, several criminal driving violations are significantly more severe than a standard ticket. For risky or negligent driving offenses, you might face prison time. At the very least, you face license suspension and a lasting criminal record.

Your traffic violation records in Georgia can fall under misdemeanors or felonies, depending on their severity. Here are some of the Georgia traffic violations:

• Aggressive driving
• Distracted driving/texting
• Driving in the gore
• Failure to maintain lane
• Fleeing or attempting to elude
• Not complying with headlight requirements
• Hit and run
• Racing
• Reckless driving
• Speeding
• Suspended license

How long does a criminal driving violation stay on your record in Georgia? A DUI and reckless driving convictions are forever on your criminal record in Georgia. Under the new Georgia legislation, serious misdemeanor offenses such as DUIs are ineligible for expungement.

Sexual Offenses

In Georgia, there are many kinds of sex offenses. Some are misdemeanors, while others need a significant jail sentence and lifelong sex offender status.

There are many levels of sexual offenses in Georgia, including:

First Level Offenders

These are criminals who have served at least ten years of their sentence. They are considered low risk.

Second Level Offenders

Level 2 offenders are those with moderate risk. This group is for those whose crime doesn't make them sexually dangerous but are likely to do it again.

Third Level Offenders

These individuals are classified as sexually dangerous predators and must wear ankle bracelets for the rest of their lives.

Here are some of the typical records of sexual offenses in Georgia:

• Sexual battery
• Sodomy
• Child molestation
• Aggravated child molestation
• Aggravated sexual battery
• Aggravated sodomy
• Sexual assault
• Bestiality and necrophilia
• Bigamy and marrying a bigamist
• Enticing a child for indecent purposes
• Incest
• Masturbation for hire
• Keeping a place of prostitution
• Pandering
• Public indecency
• Prostitution
• Rape

The Georgia Violent Sexual Offender Registry, kept by the Georgia Bureau of Investigation (GBI), is where you can find sex offenders in the state. under Megan's Law, all sex offenders registered in the area must have their names, addresses, details about the crime, and descriptions on a record.

When you are found guilty of a crime, jail time, probation, and fines are just the beginning of a long list of things that will happen to you. Because of this, many people convicted in Georgia must find out if their records are eligible for expungement. In most places, expungement erases your record, making it seem like you were never arrested or convicted.

Unfortunately, you can't get your record expunged in Georgia by term. But a recent change to the law makes it clear that you can petition for "record restriction" in the state; only the process' name has changed.

Restricted records on your official criminal history report are only available to law enforcement for criminal justice reasons. Private and public employers won't have access to your restricted criminal history, but you can't lawfully say you "don't have a criminal record". In Georgia, your criminal record is still permanent.

Record Restriction Eligibility in Georgia

Any "restriction" you are qualified for only applies to a single qualifying offense, not your whole criminal record. If you have many charges on your criminal history, you must handle each separately to get your paper restricted.

Not all criminal offenses are eligible for restriction under Section 35.3-37. Felonies are not eligible, including but not limited to sexual assault, child molestation, sexual violence, some larceny offenses, and certain serious traffic offenses.

In Georgia, you may restrict your criminal record in one of two ways:

Automatic Record Restriction

If you were arrested but never prosecuted, your record is subject to automatic record restriction after a specific time. The duration of this term varies by offense. Misdemeanors have two years, four years for felonies, and seven years for severe and sex-related felonies.

But this automatic restriction might only be for a short time. If a prosecutor decides to take your case up in the end, your record will be "unrestricted" until the result. Other situations in which your criminal record is eligible for automatic record restriction are:

Your case was in the prosecutors, then dismissed.

• The grand jury issued two no bills or returned a no bill where the time limit passed.
• The court dropped your charge.
• You got a conditional release.
• You finished a drug court, mental health, or veterans treatment program leading to dropping your case.
• You were acquitted in court unless the prosecution disputes the restriction within ten days of your judgment.

Record Restriction by Petition

If your record doesn't qualify for automatic restriction, you must file a petition with the proper court. You can choose this if:

• Cleared of a felony but convicted of a misdemeanor
• There's a cancellation or revocation of your conviction
• Your case has been on the "dead docket" for more than a year
• Charged with a minor crime as a young offender

How To Petition for a Record Restriction in Georgia?

You must submit your petition to the appropriate court and send copies to all relevant authorities. And your petition must have the following:

• The Offender Tracking Number (OTN) for the charge you want to have restricted
• A copy of the ruling in the previous case
• Evidence that your criminal record is hurting you in a way that outweighs the public interest in releasing criminal history records, such as keeping you from getting a job or a place to live.
• A Draft Order
• The filing fee or a request to have the fee waived, along with an affidavit of indigency

Because of the challenges of submitting a petition for record restriction (and the severe implications of failing), you should obtain guidance from an experienced attorney.

Georgia Inmate Records are documentation created when a person got into imprisonment due to a criminal conviction. Most of the time, the municipality, county, state, or prison that sentences the criminal or holds the criminal makes this record.

The Georgia Department of Corrections is primarily responsible for maintaining and arranging information about inmates and their detention institutions. It also allows people to do an inmate search or an inmate lookup.

How to find inmate records in Georgia? You will utilize the Department of Corrections Offender Query to access the Georgia inmate record.

You can search by name, ID, or case number. However, everyone who uses the site must agree to its terms of service, which include understanding that specific entries may be incomplete.

Once you obtain a copy of these inmate records in Georgia, it has the following information:

• Full inmate name and aliases
• Personal data (birthdate, gender, nationality, height, and weight)
• The offense committed and other conviction details
• Mugshot and further incarceration details
• Dates of detention and release
• The inmate's address and security level
• Previous convictions and punishments
• Conditional release

Georgia Arrest Records are criminal reports generated by a law enforcement agency after arresting a person. The report outlines the offense, police interrogation, criminal charges, future court dates, why, how, and what will happen following an arrest.

Like most places, an arrest warrant is necessary to hold a person in Georgia. If a Judge finds probable cause to think a person committed a crime, the Judge can issue an arrest warrant for the accused, applicant, or witnesses, even if they are not at the hearing.

What happens after an arrest? the arresting officer usually takes the suspect to the booking immediately. If the arrestee has physical injuries or is mentally ill, the police may transport them to a hospital. The arresting officer will lead the arrestee to the booking upon arrival.

The booking procedure involves putting ID information into a computer, capturing fingerprints, and taking mugshots. With this information, the booking officer will likely check for outstanding warrants.

Where to find arrest records in Georgia? At the county sheriff's office, people can find out about arrests that have been made public. You can also do an arrest search at the Georgia Police Department. Even if arrest records aren't free, you can receive a complete report from any local law enforcement agency for a cost.

Georgia Arrest Records include:

• The arrestee's personal information (name, birth date, gender, etc.)
• The arrest date and place
• The arresting officer's name
• The inmate's jail or prison address
• Who issued the warrant

People may want to view another person's criminal history for numerous reasons. But, the most frequent reason for checking someone's criminal record in Georgia is that most employers do background checks on potential hires.

Most Sheriff's Offices and Police Departments in Georgia can provide you with a copy of your official Georgia criminal history record. Contact your local law enforcement department for particular requirements to request a copy of your Georgia criminal record.

But anyone who wants to find out about a person's criminal history in Georgia must make an appointment to go to the GCIC lobby office and talk to someone. Here, under the direction of the GBI, you can check records and get your fingerprints taken.

According to Georgia law, anybody can access a criminal record if they have the subject's written agreement. You must present this to a GCIC officer and contain the individual's complete name, address, birth date, and social security number.