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Acworth Arrest Records

Are Arrest Records Public in Acworth, Georgia?

Arrest records are public documents in Acworth, Georgia, pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). This legislation establishes that governmental records, including those pertaining to arrests made by law enforcement agencies, shall be available for public inspection and copying. The Georgia Open Records Act serves as the legal foundation for transparency in governmental operations, allowing citizens to access information about law enforcement activities within their communities.

The Acworth Police Department maintains these records in accordance with state law. Members of the public seeking arrest information may submit requests through established channels, with certain statutory exemptions applying to protect ongoing investigations, juvenile records, and personal identifying information as specified under O.C.G.A. § 50-18-72.

How to Look Up Acworth Arrest Records in 2025

Multiple methods exist for obtaining arrest records in Acworth, Georgia as of 2025. Pursuant to the Georgia Open Records Act, the City of Acworth has established the following procedures for public access to arrest documentation:

  1. In-person requests may be submitted at the Acworth Police Department Records Division: Acworth Police Department 4400 Acworth Industrial Drive Acworth, GA 30101 770-974-1232 Public Counter Hours: Monday-Friday, 8:00 AM - 5:00 PM

  2. Written requests may be submitted via postal mail to the above address, with "Records Request" clearly indicated on the envelope. Requestors must include their full name, contact information, and specific details about the records being sought.

  3. Electronic requests may be submitted through the JustFOIA Public Portal system implemented by the City of Acworth for efficient processing of records requests.

  4. Telephone inquiries regarding the status of records requests may be directed to the Records Division at 770-974-1232 during regular business hours.

Fees for record retrieval are assessed in accordance with O.C.G.A. § 50-18-71, which permits reasonable charges for search, retrieval, and copying of records. Payment methods include cash, credit card, or money order made payable to the City of Acworth.

Contents of an Acworth Arrest Record

Arrest records maintained by the Acworth Police Department contain standardized information as required by Georgia law and departmental policies. These official documents typically include the following elements:

  • Subject identification information, including full legal name, known aliases, date of birth, gender, race, height, weight, and residential address
  • Arrest date, time, and specific location where the apprehension occurred
  • Enumeration of criminal charges filed, with reference to applicable Georgia Code sections
  • Case number and incident report number for administrative tracking
  • Name and badge number of the arresting officer(s)
  • Booking photograph ("mugshot") taken during processing
  • Fingerprint classification data collected during booking procedures
  • Detention facility information, including booking number and initial custody status
  • Preliminary court appearance information, including date, time, and judicial officer
  • Bond information, if applicable, including type and amount set

Pursuant to O.C.G.A. § 35-3-34, certain information may be redacted from public versions of arrest records, particularly when disclosure would compromise ongoing investigations or reveal confidential informant identities.

Expungement of Arrest Records in Acworth

The State of Georgia provides a legal mechanism for the restriction and sealing of certain arrest records through a process formerly known as expungement, now officially termed "record restriction" under O.C.G.A. § 35-3-37. The Acworth Municipal Court administers this process for qualifying cases within its jurisdiction.

Acworth Municipal Court 4400 Acworth Industrial Drive Acworth, GA 30101 770-974-3112 Hours of Operation: Monday-Friday, 8:00 AM - 5:00 PM

Eligibility criteria for record restriction in Acworth include:

  1. Cases resulting in non-conviction dispositions, including:

    • Dismissal of charges prior to indictment or accusation
    • No bills returned by grand juries
    • Nolle prosequi declarations by prosecuting attorneys
    • Acquittals following trial proceedings
  2. First-offender dispositions under O.C.G.A. § 42-8-60 after successful completion of probation and discharge without adjudication of guilt

  3. Conditional discharge dispositions under O.C.G.A. § 16-13-2 following successful completion of terms

  4. Certain misdemeanor convictions for offenders who were under 21 years of age at the time of arrest, subject to waiting periods and other statutory requirements

The record restriction process requires submission of an application to the arresting agency, which then forwards eligible requests to the Georgia Crime Information Center (GCIC) for processing. Application forms are available at the Acworth Municipal Court clerk's office or may be downloaded from the court's website.

Pursuant to O.C.G.A. § 35-3-37(d)(1), a fee of $25.00 is assessed for record restriction applications, payable to the Acworth Municipal Court. Fee waivers may be available for indigent applicants upon submission of an affidavit of indigency.

Legal Implications of Arrest Records in Acworth

Arrest records maintained by the Acworth Police Department carry significant legal implications for affected individuals. These records, while public, are subject to various statutory protections and limitations:

  1. Employment considerations: Pursuant to O.C.G.A. § 35-3-34.1, employers in Georgia are prohibited from using first-offender records that have been restricted in making employment decisions. However, certain employers, including those in education, childcare, and law enforcement, maintain statutory authority to access restricted records.

  2. Housing applications: Landlords and property management companies may legally consider arrest records when evaluating rental applications, though the Fair Housing Act (42 U.S.C. § 3601-3619) prohibits discriminatory application of such policies.

  3. Professional licensing: Regulatory boards governing professional licenses in Georgia may consider arrest records during application and renewal processes, with specific requirements varying by profession as outlined in Title 43 of the Georgia Code.

  4. Immigration consequences: Non-citizens with arrest records in Acworth may face additional scrutiny during immigration proceedings, regardless of whether the arrest resulted in conviction.

  5. Firearm possession: Certain arrests, even without conviction, may trigger temporary prohibitions on firearm possession under federal law (18 U.S.C. § 922(g)) pending resolution of the case.

The Georgia Bureau of Investigation maintains the central repository for criminal history information and establishes protocols for the dissemination of arrest record information in compliance with state and federal privacy laws.

Accessing Juvenile Arrest Records in Acworth

Juvenile arrest records in Acworth are subject to heightened confidentiality protections under Georgia's Juvenile Code (O.C.G.A. § 15-11-1 et seq.). These specialized provisions establish distinct procedures for the maintenance and disclosure of records pertaining to individuals under 18 years of age:

  1. Confidentiality standard: Pursuant to O.C.G.A. § 15-11-703, juvenile court records are confidential and shall not be disclosed to the public except as specifically authorized by statute.

  2. Limited access: Only the following parties may access juvenile arrest records without a court order:

    • The juvenile and their legal counsel
    • Parents or legal guardians of the juvenile
    • Court personnel with direct involvement in the case
    • Designated representatives of the Department of Juvenile Justice
    • Law enforcement agencies for official purposes
    • Schools, as permitted under specific statutory provisions
  3. Sealing provisions: O.C.G.A. § 15-11-701 provides for the sealing of juvenile records two years after the final discharge of the juvenile, provided there have been no subsequent adjudications or criminal convictions.

  4. Destruction timeline: Records eligible for sealing may be physically destroyed after the juvenile reaches 25 years of age, absent specific judicial orders to the contrary.

The Juvenile Court of Cobb County, which has jurisdiction over juvenile matters in Acworth, administers these confidentiality provisions and processes requests for access to juvenile records in accordance with statutory requirements.

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