Overview: Police Records & Open Records Act
Some of the most common open records requests made in Georgia 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 foundation of these rights is the Georgia Open Records Act, which applies to law enforcement agencies just as it does to any other government body.
Understanding what records you are entitled to — and what legitimate exemptions exist — helps citizens exercise their rights effectively and avoid unnecessary conflict with records custodians.
The GFAF Blue Book Guide
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." This guide — commonly called the "Blue Book" — offers law enforcement personnel a comprehensive resource on open records and best practices for ensuring transparency between policing agencies, the public, and the news media.
The 38-page manual has been endorsed by the following organizations:
- Georgia Association of Chiefs of Police
- Georgia Bureau of Investigation
- Georgia Department of Law
- Georgia First Amendment Foundation
- Georgia Press Association
- Georgia Public Safety Training Center
- Georgia Sheriffs' Association
- Prosecuting Attorneys Council of Georgia
The Blue Book gives abridged bullet points with attribution to each specific code section that governs the release of various types of records, including accident reports, incident reports, and matters involving juvenile offenders and victims. It is an invaluable reference for both citizens making requests and officers handling them. Download it via our GFAF Resources page.
How to Request Police Records
Submitting an Open Records Act request is straightforward. In law enforcement agencies as in any other government entity, citizens should 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 complete a form. Be specific about what records you want — the more precise the request, the more efficiently it will be fulfilled. The agency must respond within three business days, either by providing the records or explaining why they are unavailable, citing the specific code section relied upon.
If your request is denied without a valid legal basis, you can escalate through a formal written request, the Georgia Attorney General's Open Government Mediation Program, or private legal counsel familiar with Georgia sunshine laws.
Incident Reports and Accident Reports
All initial incident reports are public record in Georgia. These are the basic reports that document a crime or incident was reported to law enforcement — they do not include every detail of an investigation, but they establish the public record that law enforcement activity occurred.
Motor vehicle accident reports are also generally available. Members of the news media may obtain copies of accident reports for news-gathering purposes. Citizens who are not members of the media may be asked to complete a "statement of need," which outlines the purpose of the request. This is not an unusual requirement and should not be treated as a denial.
Sensitive Information: Juveniles & Victims
There has been some confusion over whether reports involving particularly vulnerable populations — juvenile victims, victims of sex crimes, or victims of domestic abuse when no arrest was made — should be released to the public. As of this writing, no blanket exemption has been added to Georgia's Open Records Act to categorically protect these records.
There is, however, often information contained within a report that can and should be redacted to protect vulnerable individuals. Law enforcement may redact personal information about juvenile victims, the addresses of victims of sex crimes, or information that would identify a domestic abuse victim who did not want to be identified. The full record does not necessarily need to be withheld simply because it contains some sensitive information.
Mugshot Requests (2014 Law)
Effective July 1, 2014, journalists requesting mugshots from Georgia law enforcement agencies are required to sign an affidavit swearing that no charge will be imposed in exchange for the removal of the mugshot from any publication. This requirement was enacted in response to the proliferation of websites that published booking photos and then charged subjects for removal.
The Georgia Press Association provides the official affidavit form. This requirement applies specifically to journalists — if you are a private citizen requesting a mugshot, check with the specific agency about the applicable procedure.
A copy of the Mugshot Request Affidavit is available in our Document Center.
Media Access to Police Records
For the most part, the news media has the same rights to public documents as the general public. However, members of the media may have an advantage in a few situations — most notably in requesting motor vehicle accident reports, where the "news gathering" purpose satisfies the requirement without a formal statement of need.
Journalists are also encouraged to build relationships with public information officers at law enforcement agencies. While the Open Records Act provides legal rights, goodwill and professional relationships often make the process smoother for everyone. Those relationships also help when a records custodian is uncertain about what can be released — officers who know and trust a journalist are more likely to seek guidance rather than default to denial.