What You Need to Know About Accessing Criminal Records in Georgia
Georgia typically considers criminal history as public records accessible to the public under certain conditions. Here’s how to find criminal records in Georgia.
Individuals may request official criminal history reports from the state of Georgia and the federal government, or they may obtain unofficial reports from private companies. Accessing someone else’s criminal records is possible under certain circumstances. Individuals must follow a detailed procedure to access official criminal history reports.
Types of Criminal Records in Georgia
1. State Official Criminal History Reports
Individuals seeking to access criminal records may request official criminal history reports from the state of Georgia. The Georgia Crime Information Center (GCIC), a subdivision of the Georgia Bureau of Investigation (GBI), maintains a database of in-state criminal records.
2. National Official Criminal History Reports
Individuals may request interstate criminal records distributed by the Federal Bureau of Investigation (FBI) through the Interstate Identification Index (III). The report includes data retrieved from state law enforcement agencies, including the Georgia Crime Information Center.
Related: How to Disclose a Criminal Record on a Job Application
3. Private Criminal History Reports
Private companies use public court records to provide criminal background checks, which individuals may access for a fee. However, unofficial reports provided by third-party companies are sometimes inaccurate or outdated. Individuals should thus favor official records provided by the state of Georgia or the FBI.
Companies providing criminal history reports must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection of information by reporting agencies and its use by employers. Under the FCRA, individuals have the right to request a copy of their criminal records from the company, which the company must provide for free.
Accessing Someone Else’s Criminal Records in Georgia
1. State Criminal Records
Under the Official Code of Georgia Annotated (O.C.G.A.), §35-3-34, businesses and private persons willing to consult someone else’s criminal records must provide their notarized signed consent to the relevant law enforcement agency. The consent form must include the person’s full name, address, social security number, and date of birth.
O.C.G.A. §35-3-34 (d.2) establishes an exception for felony convictions, which anyone can request without the person’s consent via law enforcement agencies or the website Georgia Felon Search.
2. National Criminal Records
National criminal history reports provided by the FBI are only available to individuals seeking access to their own report and to limited authorized recipients, such as most federal and state agencies.
3. Unofficial Criminal Records Provided by Private Companies
Under the FCRA, third parties willing to access someone else’s unofficial criminal history report must obtain their consent prior to conducting a background check, except for felony convictions, which are publicly accessible.
Steps To Accessing Official Criminal Records in Georgia
1. State Criminal Records
Individuals and third parties such as employers may access GCIC criminal records by contacting local law enforcement agencies, which can help with name-based checks. In general, the procedure to request a criminal history report includes two steps:
a. filling out a request form, which includes a consent form if need be;
b. paying a fee ranging from $10 to $25 depending on the local agency;
c. mailing or emailing the required items per the local agency’s instructions.
Under O.C.G.A. §35-3-35, criminal records are also available to public authorities and agencies directly through the Georgia Crime Information Center for fingerprint-based checks.
Related: Civil vs Criminal Law: The Difference
2. National Criminal Records
Individuals must complete the following steps to obtain their national criminal history report provided by the FBI:
a. fill out the application form;
b. obtain a completed fingerprint card, which includes the applicant’s name, date of birth, and all ten rolled fingerprint impressions;
c. pay an $18 fee, either by check or credit card;
d. mail the required items to the FBI.
Applicants may refer to the Identity History Summary Request Checklist to ensure they comply with the procedure. The FBI typically takes eight to 13 weeks to process the request and mail the criminal history report to the applicant.
Preventing Employers and Third-Parties from Finding Criminal Records in Georgia
Third parties, like employers or landlords, often conduct a criminal background check before going into business with you. Certain restrictions apply to access official criminal records, such as prior consent of the prospective employee or tenant, but third parties mostly resort to unofficial reports because they’re more accessible.
To prevent employers from accessing both your official and unofficial reports, you should apply to restrict and seal as many case records as possible. This process will restrain access to official criminal history reports and court records, so even private background check companies cannot find information relating to your case.
FAQs About Criminal Records in Georgia
What does my Georgia criminal record include?
Your Georgia criminal record includes:
- your personal information, including name, date of birth, SSN, sex, race, height, and weight;
- arrest data, including the date of arrest and arresting agency;
- charges brought against you;
- data provided by the court, including the disposition of charges and sentence;
- custodial information if a correctional facility incarcerated you.
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