Arrest records are public documents in Cumming, Georgia, accessible to all citizens under the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). This comprehensive legislation establishes that government records, including those pertaining to arrests, are presumed to be open for public inspection unless specifically exempted by statute. The Georgia Open Records Act serves as a fundamental mechanism for ensuring governmental transparency and accountability to the citizenry.
The Forsyth County Sheriff's Office maintains arrest records for Cumming and surrounding areas within the county. These records document the official interactions between law enforcement agencies and individuals who have been taken into custody. Public access to these records enables citizens to monitor law enforcement activities and judicial proceedings within their community.
Requesters should note that while arrest records are generally public, certain information may be redacted to protect privacy interests as prescribed by law. Such protected information typically includes Social Security numbers, dates of birth, and other personally identifying information not relevant to the public interest in disclosure.
Multiple official channels exist through which members of the public may obtain arrest records in Cumming, Georgia. The following procedures have been established to facilitate public access to these documents:
In-person requests may be submitted at the Forsyth County Sheriff's Office Records Division, located at 202 Veterans Memorial Boulevard, Cumming, GA 30040. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Requesters should be prepared to complete a records request form and provide identification.
Written requests may be directed to the Records Custodian at the Forsyth County Sheriff's Office. Pursuant to O.C.G.A. § 50-18-71, agencies must respond to open records requests within three business days.
The Forsyth County Clerk of Superior Court maintains court records related to arrests and subsequent proceedings. These records may be accessed at 101 East Courthouse Square, Suite 2025, Cumming, GA 30040, between 8:30 AM and 5:00 PM, Monday through Friday.
Electronic access is available through the Georgia Crime Information Center (GCIC) for authorized purposes. Background checks may be requested through the GCIC at a cost determined by current fee schedules.
The Cumming Police Department, located at 301 Veterans Memorial Boulevard, Cumming, GA 30040, maintains records of arrests within city limits and can process records requests during business hours (Monday through Friday, 8:00 AM to 5:00 PM).
Requesters should be advised that fees may apply for record retrieval and duplication services. Pursuant to O.C.G.A. § 50-18-71(c), agencies may charge reasonable fees for search, retrieval, and copying of records.
Arrest records maintained by law enforcement agencies in Cumming, Georgia, contain standardized information documenting the circumstances and details of an individual's arrest. These records typically include the following components:
Biographical information of the arrested individual, including full legal name, known aliases, date of birth, gender, race, and physical descriptors such as height, weight, and identifying marks or tattoos.
Arrest details, including the date, time, and location of the arrest, the arresting agency, the name and badge number of the arresting officer, and the legal authority under which the arrest was made.
Criminal charges filed at the time of arrest, including the specific Georgia Code sections alleged to have been violated and the classification of offenses as misdemeanors or felonies.
Booking information, including the booking number, fingerprint classification, and the facility where the individual was processed following arrest.
Photographic documentation, commonly referred to as a "mugshot," taken during the booking process to visually identify the arrested individual.
Disposition information, which may include whether the individual was released on bond, the bond amount, court appearance dates, and preliminary hearing outcomes.
Prior criminal history information that may be relevant to the current arrest, including previous arrests, convictions, and outstanding warrants.
It should be noted that pursuant to O.C.G.A. § 35-3-34, certain information contained within arrest records may be restricted from public disclosure, particularly in cases involving ongoing investigations, juvenile offenders, or victims of certain crimes.
The State of Georgia has established statutory provisions for the restriction and sealing of certain arrest records, a process formerly known as expungement. Under O.C.G.A. § 35-3-37, individuals may petition for record restriction under specific circumstances. The following information outlines the record restriction process applicable to arrests in Cumming, Georgia:
Eligibility criteria for record restriction include arrests that did not result in charges, cases where charges were dismissed or nolle prossed, cases resulting in acquittal, and certain first-offender dispositions.
The application process begins with the submission of a Record Restriction Application to the arresting agency, which in Cumming would typically be either the Forsyth County Sheriff's Office or the Cumming Police Department.
For arrests occurring in Cumming city limits, applications should be directed to the Cumming Police Department Records Division at 301 Veterans Memorial Boulevard, Cumming, GA 30040.
For arrests by the Forsyth County Sheriff's Office, applications should be submitted to their Records Division at 202 Veterans Memorial Boulevard, Cumming, GA 30040.
Upon approval by the arresting agency, the application is forwarded to the Georgia Bureau of Investigation (GBI) for processing at the state level. The GBI is located at 3121 Panthersville Road, Decatur, GA 30034.
Processing fees apply to record restriction applications. Current fee schedules may be obtained from the respective agencies.
Successful record restriction removes eligible arrests from the individual's public criminal history but does not eliminate the record entirely. Law enforcement agencies retain access to restricted records for official purposes.
Certain offenses are statutorily ineligible for record restriction, including serious violent felonies as defined in O.C.G.A. § 17-10-6.1 and sexual offenses as defined in O.C.G.A. § 17-10-6.2.
Individuals seeking record restriction are advised that the process requires strict adherence to statutory requirements and may benefit from legal consultation to ensure proper application.