Georgia Public Records

How the Georgia Open Records Act Actually Works

Georgia's public records law is codified at O.C.G.A. § 50-18-70 (Georgia Open Records Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 3 business days to acknowledge; reasonable time to produce. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: first 15 minutes of search free; $0.10/page; staff time at lowest-paid qualified employee rate. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Georgia (the honest answer)

Many directory sites promise things Georgia law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only or fingerprint-based authorized employer. Third-party "instant background check" sites that promise a full Georgia criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Georgia's expungement law (O.C.G.A. § 35-3-37 (Record Restriction)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Georgia law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Georgia Open Records Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Georgia and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Georgia

Georgia's record-clearing law is found at O.C.G.A. § 35-3-37 (Record Restriction).

Eligibility: record restriction (not full expungement) for non-convictions; SB 288 (2020) added some misdemeanor convictions after 4 years.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Georgia record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Georgia Criminal Record

If you need your own Georgia criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Georgia Bureau of Investigation (GBI).

Walkthrough:

1. Choose your method: GBI Georgia Applicant Processing Service (GAPS) fingerprint + $25 + roller fee.
2. Complete the required form (most states use a standard request form available from the Georgia Bureau of Investigation website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 2-3 weeks.
5. Review the response. If you find errors, the law at O.C.G.A. § 35-3-34 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Georgia Record Laws You Should Know

• SB 288 (2020): First-time misdemeanor restriction after 4 years, eff. January 2021.
• O.C.G.A. § 35-3-34: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Georgia.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Georgia background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.