Georgia Criminal Court Records Search
Georgia's criminal court records hold valuable information about criminal proceedings, charges, rulings, and appeals that have occurred in the state. These records can be useful for a variety of purposes, such as background checks, legal research, and understanding the outcomes of specific cases. Georgia's criminal justice system is organized across various courts that handle criminal cases, depending on the severity of the offense and the stage of the legal process. This article explores these courts, highlights the role of the Georgia Court of Appeals in criminal cases, and explains how to obtain copies of Georgia criminal court records.
Courts That Handle Georgia Criminal Cases
Georgia’s criminal justice system is multi-tiered, with various courts playing specific roles in the handling of criminal matters. Each court deals with different types of offenses based on their seriousness and jurisdictional boundaries.
1). GA Municipal Courts: Municipal courts mostly deal with the violations of local ordinances and a few misdemeanor cases on a city level, such as the Atlanta Municipal Court. They often deal with traffic violations, minor offenses, and preliminary hearings for more serious cases. These courts do not typically handle felony cases but can transfer cases to higher courts.
2). GA Magistrate Courts: Magistrate courts in Georgia handle initial proceedings in criminal cases mostly on a county level. These courts are tasked with issuing warrants, setting bail, and conducting preliminary hearings. They also oversee minor criminal offenses, but more severe charges are escalated to higher courts.
3). GA State Courts: The GA state courts have a general jurisdiction over misdemeanors and traffic offenses, as well as various civil matters. While they don’t handle felony cases, they play a significant role in criminal justice, especially with cases that do not require the jurisdiction of superior courts.
4). GA Superior Courts: The GA Superior courts are also known as general jurisdiction trial courts. They have the authority to hear all types of criminal cases, including misdemeanors and felonies. This includes serious criminal offenses such as aggravated assault, robbery, and murder. Superior courts also handle criminal trials, pleas, and sentencing for most all felony cases.
5). Juvenile Courts: The Juvenile division handles all cases involving minors under the age of 17 who are accused of committing criminal acts. These courts prioritize rehabilitation over sending juveniles to a detention center, and often offer diversion programs for young offenders.
6). Probate Courts: The Probate division primarily handle wills, estates, and guardianships, they also have limited criminal jurisdiction, including misdemeanors such as traffic offenses. They are also responsible for some mental health cases, which can intersect with criminal law.
The Role of the Georgia Court of Appeals in Criminal Cases
The Georgia Court of Appeals is the intermediate appellate court in the state and plays a crucial role in reviewing criminal cases. Defendants who believe that a legal error occurred during their trial can appeal their conviction or sentence to this court. The Court of Appeals does not retry cases but reviews trial court proceedings to determine whether errors in the application of the law affected the outcome.
Criminal appeals in Georgia can stem from a variety of issues, including improper jury instructions, unconstitutional procedures, or insufficient evidence. If the Court of Appeals finds merit in an appeal, it may reverse or remand the case for further proceedings in a lower court. However, not all criminal cases are eligible for appeal, and the Georgia Supreme Court, which sits above the Court of Appeals, hears appeals in cases involving the death penalty, questions of constitutionality, and habeas corpus petitions.
How to Search Georgia Criminal Court Records
Obtaining copies of Georgia criminal court records is relatively straightforward, though the process varies depending on the court in question and the nature of the records being requested. Here are the various ways to search GA criminal cases online.
1). Identify the Court Where the Case Was Heard: Since criminal court records are held by the court where the case was originally heard, the first step is determining the appropriate court, whether it is a municipal court, state court, superior court, or another venue.
2). Visit the Court Clerk’s Website: The court clerk’s website maintains criminal court records, and individuals can request copies either in person or by mail. Contact information for Georgia court clerks is often available online through the court’s website, and clerks can assist in locating records by case number or party name.
3). Use Online Portals: Some GA criminal court records are available online. For example, many superior and state courts offer online databases where users can search for case information by defendant name, case number, or date. The Georgia Judicial Gateway is one such resource that provides access to a variety of court records, including criminal cases. Note that while basic case information may be free, obtaining full records or certified copies may come with fees.
4). Third-Party Services: Several third-party public record retrieval services also provide access to criminal court records, though they typically charge for their services. These services can be useful for individuals or businesses seeking to perform background checks or who need assistance in gathering court records across multiple counties and states.
How Do I Run a Georgia Criminal Case Search?
To access GA criminal court case records, you can go directly to the respective courthouse website or use the state's judicial gateway website. You will need to register and then you can search for criminal cases by name or case number. Another option is to use a third party service, or public records website, to search for criminal court records with a first and last name. Third party resources often show much more information than state or county resources, as well as offering comprehensive criminal background checks.
How Do I Expunge a Georgia Criminal Court Record?
The first step if expunging a GA criminal court record is to find out if you are eligible to. Most misdemeanors and some felonies qualify for this if all the requirements are met. These can be doing the time served in jail or prison, restitution, and paying any fines. Once that is completed you can begin the petition process by contacting the courthouse that issued the original conviction. You may be able to petition your record for expungement by yourself, but in some case you may need the assistance of an attorney.