Arrest records are public documents in Marietta, Georgia, pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). This legislation establishes that all public records, including those documenting arrests, shall be available for inspection and copying by members of the public. The Georgia Open Records Act serves to promote transparency in governmental operations and accountability within law enforcement agencies throughout the state.
The Marietta Police Department maintains arrest records as part of its official documentation. These records become public information once they are entered into the department's record-keeping system. Pursuant to Georgia law, certain exceptions may apply to the disclosure of specific information contained within arrest records, particularly in cases involving ongoing investigations, juvenile offenders, or matters of public safety.
Members of the public seeking access to arrest records in Marietta must submit their requests to the appropriate custodian of records, typically the Marietta Police Department Records Division. The department is required to respond to such requests within three business days, as mandated by state law.
Multiple methods are available for accessing arrest records in Marietta, Georgia. Individuals seeking such information may utilize any of the following official channels:
Marietta Police Department Records Division
240 Lemon Street
Marietta, GA 30060
Phone: (770) 794-5300
Official Website
Written Requests: Written requests for arrest records may be submitted via postal mail to the Records Division address listed above. All written requests must include the requestor's full name, contact information, and specific details about the records being sought.
Electronic Access: The Marietta Police Department provides limited online access to certain arrest records through its official portal. Users must register for an account and may be subject to verification procedures before accessing information.
Cobb County Sheriff's Office: For arrests processed through the county system, records may be available through:
Cobb County Sheriff's Office
185 Roswell Street
Marietta, GA 30060
Phone: (770) 499-4600
Official Website
Pursuant to O.C.G.A. § 50-18-71, governmental agencies may assess reasonable fees for search, retrieval, and copying of records. The current fee structure established by the Marietta Police Department includes a $3.00 charge for the first page and $0.25 for each additional page of documentation provided.
Arrest records maintained by the Marietta Police Department and other law enforcement agencies within Cobb County contain standardized information as required by Georgia law. These official documents typically include the following elements:
The Georgia Crime Information Center (GCIC) maintains the central repository for all arrest records in the state, including those from Marietta. This information is accessible to law enforcement agencies statewide and, with appropriate authorization, to members of the public in accordance with O.C.G.A. § 35-3-34.
Under Georgia law, specifically the Record Restriction and Sealing statute (O.C.G.A. § 35-3-37), certain individuals may be eligible to have their arrest records restricted from public view. The process formerly known as "expungement" is now referred to as "record restriction" in Georgia legal terminology.
Eligibility criteria for record restriction in Marietta include:
The record restriction process requires submission of an application to the arresting agency, which in Marietta would be:
Marietta Police Department
240 Lemon Street
Marietta, GA 30060
Phone: (770) 794-5300
Official Website
Upon receipt of a record restriction application, the Marietta Police Department conducts a review to determine eligibility pursuant to state law. If approved at the departmental level, the application is forwarded to the Cobb County District Attorney's Office for further review. The District Attorney's determination is then transmitted to the Georgia Crime Information Center for implementation of the restriction.
It should be noted that record restriction does not physically destroy arrest records but rather limits their disclosure to the general public. Law enforcement agencies, certain governmental entities, and specific employers required by law to conduct comprehensive background checks may still access restricted records.
Arrest records from Marietta are frequently utilized in background screening processes conducted by employers, housing providers, and licensing agencies. The Georgia Bureau of Investigation (GBI) serves as the central repository for criminal history information and provides access to these records through its Georgia Crime Information Center.
Employers conducting background checks on potential employees must comply with the Fair Credit Reporting Act (FCRA) and obtain written consent before accessing arrest record information. Additionally, the City of Marietta has implemented "Ban the Box" policies for municipal employment, delaying criminal history inquiries until later in the hiring process.
The Marietta Municipal Court maintains records of cases processed through its system, including arrests for violations of city ordinances and certain misdemeanors. These records are accessible to the public through:
Marietta Municipal Court
240 Lemon Street
Marietta, GA 30060
Phone: (770) 794-5400
Official Website
Individuals concerned about the accuracy of their arrest records may request verification through the Marietta Police Department Records Division. Pursuant to O.C.G.A. § 35-3-37(d), citizens have the right to challenge and correct inaccurate information contained in their criminal history records.
While arrest records in Marietta are generally considered public information, several legal considerations govern their accessibility and use:
Privacy Protections: Certain information within arrest records may be redacted to protect privacy interests, including Social Security numbers, medical information, and details about victims of certain crimes.
Juvenile Records: Pursuant to O.C.G.A. § 15-11-701, records pertaining to juvenile offenders (under 17 years of age) are subject to stricter confidentiality requirements and are not typically available through standard public records requests.
Sealed Records: Court orders may seal certain arrest records, removing them from public access in cases involving first offenders, conditional discharge, or other special circumstances.
Discrimination Concerns: The use of arrest record information for discriminatory purposes in employment, housing, or public accommodations is prohibited under various federal and state laws, including the Civil Rights Act of 1964.
The Georgia Bureau of Investigation has established protocols for the proper handling and dissemination of criminal history record information, which all local agencies, including the Marietta Police Department, must follow in accordance with O.C.G.A. § 35-3-33.