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Georgia Criminal Records

Georgia criminal records are documents that contain a person’s criminal record history. In Georgia, criminal records include the following information: 

  • Name
  • Date of birth
  • Social security number
  • Sex
  • Race
  • Physical descriptors (height, weight)
  • Arrest information includes the charge, date of arrest, and arresting agency
  • Final judicial disposition
  • Custodial information
  • Incarceration information to a Georgia correctional facility

Under the Georgia Open Records Act, criminal records are public unless it involves a pending prosecution or investigation. 

 

What Are the Types of Crimes in Georgia?

In Georgia, criminal records with misdemeanors are punishable by a fine not exceeding $1,000 or jail time not exceeding 12 months, or both. Unlike other states with varying degrees of categorizing crime, Georgia has eight (8) severity levels for different criminal actions. The more serious the offense, the higher the level, with some criminal actions not eligible for parole. 

Below are the information and punishment for each level of crime in Georgia. 

Level I offenses are punishable by jail time of 15 up to 26 months, which include:

  • Theft under $1,000
  • Credit card theft
  • Bad checks under $2,000
  • Burglary under $300
  • Escaping custody or aiding someone to escape
  • Forgery
  • Habitual violation
  • Possession or passing of forged prescriptions
  • Criminal interference with government property
  • Theft of vehicle (first offense)
  • Violation of the Georgia Controlled Substances Act (VGCSA) - possession on a first offense

Level II offenses are punishable by jail time of 18 up to 28 months, which includes:

  • Less than 10 counts of credit card fraud amounting to less than $1,000
  • Bad checks over $2,000 or more
  • Theft above $1,000 up to $4,999
  • Possession of explosives or illegal firearm
  • Possession or theft of materials to manufacture illegal drugs
  • Burglary over $300 up to $2,000
  • VGCSA - selling, intent to sell, distribution
  • VGCSA - possession on a second offense
  • Reckless conduct by HIV-infected persons
  • Criminal damage amounting to $300 up to $2,000

Level III offenses are punishable by jail time of 20 up to 32 months, which includes:

  • Two to five counts of burglary of over $2,000 up to $5,000
  • More than 10 counts of credit card fraud amounting to $1000
  • Criminal damage amounting to $2,000 or putting someone’s life in danger
  • First offense manufacturing methamphetamine
  • Obstruction of officers as a felony
  • Injuring or destroying a police dog or horse
  • Theft above $5,000 up to $10,000
  • Two to three counts of vehicle theft 
  • Second offense for possessing or theft of materials to manufacture illegal drugs
  • VGCSA - possession on a second offense or third offense or selling drugs

Level IV offenses are punishable by jail time of 22 up to 38 months, which includes:

  • Theft over $10,000
  • Arson
  • Six counts of burglary or burglary amounting to more than $5,000
  • Serious injury by vehicle or homicide by vehicle, but not a DUI 
  • Manufacturing methamphetamine near a child
  • Four or more counts of theft of vehicle
  • VGCSA - with intent to sell, distribute, or sale of controlled substances

Level V offenses are punishable by jail time of 30 up to 60 months, which includes:

  • Second offense of manufacturing methamphetamine or injuring a child
  • Aggravated assault
  • Identity fraud
  • VGCSA violations by possession 10 to 1,999 pounds of marijuana or 4 to 13 grams of opiates
  • VGCSA  third offense of selling, distributing, and intending to sell
  • VGCSA  trafficking
  • ng methamphetamine less than 200 grams

Level VI offenses are mostly VGCSA offenses and burglary of an unoccipied dwelling punishable by jail time of 36 to 78 months, which includes:

  • Possession of 14 to 27 grams of opiates
  • Possession of 2000 to 9,999 pounds of marijuana
  • Possession of 200 to 399 grams of methamphetamine or cocaine

Level VII offenses are mostly VGCSA offenses and burglary of an unoccupied dwelling punishable by jail time of 40 to 102 months, which includes:

  • Probation revocation based on Level VIII offense or a serious violent felony
  • Pimping or pandering a minor under 18
  • Attempted armed robbery
  • Attempted aggravated child molestation
  • Attempted aggravated sodomy
  • Attempted aggravated sexual battery
  • Attempted kidnapping

Level VIII offenses include the following, with jail times beyond 102 months.

  • Hijacking a bus or a motor vehicle
  • Aggravated stalking
  • Aggravated battery
  • Aggravated assault or battery on a police officer
  • Aggravated assault with injury or weapon
  • Attempted murder
  • Attempted rape
  • Statutory rape
  • Burglary of an occupied residence
  • Child cruelty
  • Child molestation
  • Enticing a child for indecent purposes
  • Incest
  • Feticide by vehicle
  • Homicide by vehicle while DUI
  • Involuntary or voluntary manslaughter
  • VGCSA carrying more than 28 grams of opiates
  • VGCSA carrying more than 400 grams of methamphetamine or cocaine
  • VGCSA carrying more than 10,000 pounds of marijuana

How Does Probation Work in Georgia?

Probation allows inmates to spend their time outside of prison following a court plea or a conviction, provided that they also comply with conditions while on supervision. 

Most of the time, non-violent or first-time offenders are allowed probation, but violating any of the given conditions by the court may result in another offense leading to added jail time and fines as punishment. 

In general, the most common probation conditions in Georgia are the following:

  • Regularly check with the probation officer
  • Seek work to support dependents or remain employed
  • Avoid dangerous behaviors like drinking alcohol or doing drugs

Depending on the charges, a judge can put an inmate on probation for at least 12 months for a traffic offense or a misdemeanor but can be longer for more serious offenses. 

How Does Parole Work in Georgia?

All inmates serving a felony sentence are automatically considered for parole if they are eligible even without an application. However, some criminal offenses in Georgia are not eligible for parole, except when served on a life sentence. This includes offenders who committed murder, rape, kidnapping, armed robbery, aggravated sexual battery, aggravated child molestation, and aggravated sodomy. Offenders who committed their crime on or after July 1, 2006, can only be granted parole once they have served at least 30 years. 

Inmates are statutorily eligible for parole once they have finished one-third of their sentence. To grant parole, the Parole Board will review an inmate’s case file and decide if they will grant parole. Upon making a decision, registered victim/s, judges, and district attorneys will also receive a statutory notification in 72 hours that an offender will be paroled.

How Does Expungement Work in Georgia?

Offenders can expunge a maximum of two misdemeanor convictions from their Georgia criminal records. Criminal records before July 1, 2013, will require the restrict record form. Offenders arrested after July 1, 2013, must get the form from the prosecuting attorney’s office. Note that a $25 to $50 fee applies when expunging criminal records. Once an offender’s request to expunge their criminal records is approved, the completed application and payment should be mailed to:

Georgia Crime Information Center Record Restrictions
P.O. Box 370808
Decatur, Georgia 30037-0808

For denied requests, an offender can appeal to the county’s Superior Court within 30 days.  

How To Obtain a Criminal Record in Georgia?

Offenders can easily obtain a copy of their Georgia criminal records from police departments or sheriff’s offices by providing relevant information like the following:

  • Personal information (name, any known alias, and date of birth)
  • Social security number
  • Physical descriptors
  • Date of arrest
  • Charges
  • Arresting agency

Note that obtaining criminal records in Georgia comes with a $10 to $20 fee.

Counties in Georgia

Police Departments and Sheriffe Office in Georgia

Fulton County Sheriff's Office185 Central Ave SW, Atlanta, GA
Gwinnett County Sheriff's Office2900 University Parkway, Lawrenceville, GA
DeKalb County Sheriff's Office4415 Memorial Dr, Decatur, GA
Cobb County Sheriff's Office185 Roswell St NE, Marietta, GA
Chatham County Sheriff's Office1050 Carl Griffin Dr, Savannah, GA
Clayton County Sheriff's Office9157 Tara Boulevard, Jonesboro, GA
Cherokee County Sheriff's Office498 Chattin Drive, Canton, GA
Henry County Sheriff's Office120 Henry Pkwy, McDonough, GA
Richmond County Sheriff's Office400 Walton Way, Augusta, GA
Muscogee County Sheriff's Office100 E 10th St #4, Columbus, GA

List of Content

  1. What Are the Types of Crimes in Georgia?
    1. How Does Probation Work in Georgia?
      1. How Does Parole Work in Georgia?
        1. How Does Expungement Work in Georgia?
          1. How To Obtain a Criminal Record in Georgia?