Transparency Projectof Georgia

Police Records

Some of the most common open records request are for police records.

Georgia residents have myriad resources available to them when it comes to obtaining important information related to the criminal process.

The Georgia First Amendment Foundation, in cooperation with the Georgia Bureau of Investigation, has published a booklet called “Georgia Law Enforcement and the Open Records Act,” which offers law enforcement personnel a comprehensive guide to open records and best practices to ensure transparency between policing agencies and the general public, as well as the news media.

The 38-page manual has been approved by organizations like the Georgia Association of Chiefs of Police, Georgia Department of Law, Georgia Press Association, Georgia Public Safety Training Center, the Georgia State Patrol, Georgia Sheriffs’ Association and the Prosecuting Attorneys Council of Georgia and encourages members of the law enforcement community to acquaint themselves with the Georgia Open Records Act, and to use the booklet for guidance.

For example, the publication gives abridged bullet points with attribution to each specific code section that regulates things like the release of accident reports, incident reports and matters involving juvenile offenders and victims.

Submitting an open records act is easy enough and requires the same oversight in law enforcement agencies as any other government entity — citizens can just contact the records custodian at the agency. Usually, particularly in smaller departments, a telephone call or informal email will suffice. Some agencies may ask the person making the request to fill out a form.

Members of the news media and the general public alike can also use the guide as a quick-reference tool to understand their rights under the Georgia Open Records Act.

For the most part, the news media has the same rights to public documents as the general public, but there are a few exemptions to that rule.

For example, while citizens have restricted access to motor vehicle accident reports, the members of the media may obtain copies of accident reports for the purpose of news gathering. Otherwise, a records custodian may ask the individual making the request to complete a “statement of need” which outlines the purpose of the request.

Meanwhile, all initial incident reports are public record. There has been some confusion in the past over whether reports involving the particularly vulnerable — juvenile victims, victims of sex crimes, or victims of domestic abuse when no arrest was made — should be released to the public, but no exemption has been added to the state’s Open Records Act to follow that model.

There is, however, often information contained within initial incident reports that may be redacted by the agency providing the documents. Personal information, including Social Security numbers, day and month of birth and an individual’s mother’s maiden name are all examples of information that can be kept private in the interest of protecting a person’s identity.

Confidential records concerning reports of child abuse, grand jury testimony and classified inmate files are some common documents law enforcement officials handle, but are mandatory exemptions from public disclosure.

In Henry County, Ga. Police Sgt. Joey Smith and his colleagues in the department’s Internal Affairs division handle hundreds of open records requests each year. As the department’s public information officer, Smith is involved in day-to-day media relations and often is responsible for determining whether a document is public or private.

The number of reports fielded by the department’s Records Division, however, numbers in the thousands, Smith said.

“Some challenges we face are providing information that may be sensitive to a criminal case or personal information that witnesses or victims would not wish the public to view,” he said. “We strive to be as open as possible to accommodate the public with any information requested, which meets the requirements of the Act.”

The Georgia First Amendment Foundation publishes its materials on the organization’s website. In addition to the guide for law enforcement officers, booklets that prove useful for citizens and people interested in how the law affects the Georgia education system are available in PDF format on the website.

Frequently Asked Questions

How do I request police records in Georgia?

Requesting police records in Georgia is a straightforward process governed by the Georgia Open Records Act. Citizens can contact the records custodian at the law enforcement agency that holds the records they need. In many cases, particularly with smaller departments, a simple telephone call or informal email is sufficient to initiate the request.

Some agencies may ask the person making the request to fill out a formal open records request form. This is a standard procedure and should not be viewed as an attempt to discourage the request. The form typically asks for your name, contact information, and a description of the records you are seeking.

Under Georgia law, agencies are required to respond to open records requests within three business days. They must either provide the requested records or explain why the records cannot be released. If the agency needs additional time to locate or review the records, they must provide a timeline for when the records will be available.

Citizens should be aware that while there is generally no fee for inspecting records, agencies may charge reasonable fees for copies. These fees are typically limited to the actual cost of reproduction and cannot be used as a barrier to public access.

What police records are considered public in Georgia?

Under the Georgia Open Records Act, all initial incident reports are considered public records. This is a broad category that includes the basic documentation of criminal complaints, investigations, and law enforcement activities. Citizens and media members alike have the right to access these documents.

Accident reports are also generally available, though there are some distinctions in how they are accessed. Members of the news media may obtain copies of motor vehicle accident reports for news gathering purposes. For other citizens, a records custodian may request a “statement of need” explaining the purpose of the request before releasing accident reports.

However, certain information within public records may be redacted to protect individuals’ privacy. Personal details such as Social Security numbers, day and month of birth, and an individual’s mother’s maiden name can be removed from documents before they are released to the public.

It is important to note that some records are mandatory exemptions from public disclosure. These include reports of child abuse, grand jury testimony, and classified inmate files. These exemptions exist to protect vulnerable individuals and maintain the integrity of ongoing legal proceedings.

What information can be redacted from police records in Georgia?

While Georgia’s Open Records Act provides broad public access to police records, certain personal information may be redacted by the agency before documents are released. These redactions are intended to protect individuals’ privacy and prevent identity theft or other harmful consequences.

Common types of information that can be redacted include Social Security numbers, the day and month of birth (though the year may remain), and an individual’s mother’s maiden name. These details are not essential to understanding the public nature of the record and their removal helps safeguard the identities of individuals mentioned in police reports.

There has been ongoing discussion about whether reports involving particularly vulnerable populations should receive additional protections. Cases involving juvenile victims, victims of sex crimes, or victims of domestic abuse when no arrest was made have raised questions about the balance between public access and victim protection. However, as of the current law, no specific exemption has been added for these categories.

Law enforcement agencies must balance their obligation to provide public access with their responsibility to protect sensitive information. When in doubt, agencies typically consult with their legal counsel or the Georgia Attorney General’s office for guidance on what can and cannot be redacted.

What resources are available for understanding Georgia police records law?

The Georgia First Amendment Foundation, in cooperation with the Georgia Bureau of Investigation, has published a comprehensive booklet titled “Georgia Law Enforcement and the Open Records Act.” This 38-page manual provides law enforcement personnel with detailed guidance on open records compliance and best practices for transparency.

The booklet has been approved by numerous authoritative organizations including the Georgia Association of Chiefs of Police, the Georgia Department of Law, the Georgia Press Association, the Georgia Public Safety Training Center, the Georgia State Patrol, the Georgia Sheriffs’ Association, and the Prosecuting Attorneys Council of Georgia.

For citizens and journalists, the publication serves as an excellent quick-reference tool for understanding rights under the Georgia Open Records Act. It provides abridged bullet points with attribution to specific code sections that regulate the release of various types of records, including accident reports, incident reports, and matters involving juvenile offenders and victims.

The Georgia First Amendment Foundation makes these resources available on their website in PDF format. Additional booklets cover topics such as open records in the education system and general citizens’ guides to Georgia’s transparency laws. These materials are invaluable for anyone seeking to exercise their right to access public records.

Do news media have different rights to police records than the general public?

For the most part, members of the news media have the same rights to public documents as the general public under the Georgia Open Records Act. Both groups can request and receive copies of public records, attend public meetings, and exercise their transparency rights equally under the law.

However, there are a few notable exceptions where the media has somewhat broader access. The most significant involves motor vehicle accident reports. While the general public may face restrictions on accessing these reports, members of the media may obtain copies specifically for the purpose of news gathering without the same limitations.

For other types of records, a records custodian may ask any requester — whether a journalist or a private citizen — to complete a “statement of need” explaining the purpose of the request. This is particularly common for records that involve sensitive information or that fall into categories where the purpose of the request may determine whether the records can be released.

It is worth noting that the fundamental principle underlying Georgia’s transparency laws is that public records belong to the public. The minor distinctions between media and citizen access are exceptions to the general rule of equal access, and the trend in Georgia law has been toward expanding, not limiting, public access to government records.