Duluth Arrest Records
Are Arrest Records Public in Duluth, Georgia?
Arrest records are public documents in Duluth, Georgia, pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). This legislation establishes the framework for public access to government records, including those pertaining to arrests made within the jurisdiction. The Georgia Open Records Act operates under the presumption that all government records should be accessible to the public unless specifically exempted by statute.
The Duluth Police Department Records Division maintains these records as part of their official duties. Members of the public may request access to arrest records for various purposes, including background checks, legal proceedings, or personal information needs. However, certain information within arrest records may be redacted to protect privacy interests as prescribed by law, particularly in cases involving juveniles or ongoing investigations.
Under Georgia law, law enforcement agencies are required to maintain arrest records and make them available for public inspection during regular business hours. The custodian of such records must respond to requests within three business days, as stipulated in O.C.G.A. § 50-18-71.
How to Look Up Duluth Arrest Records in 2025
Multiple methods exist for obtaining arrest records in Duluth, Georgia. The Duluth Police Department serves as the primary custodian of these records and provides several access options:
In-person requests can be submitted at the Duluth Police Department Records Division, located at 3276 Buford Highway, Duluth, GA 30096. The records office is open Monday through Friday from 7:00 am to 4:00 pm.
Accident and incident reports can be requested directly from the Records Department with proper identification.
Written requests may be submitted via mail to the Duluth Police Department, Attn: Records Division, 3276 Buford Highway, Duluth, GA 30096.
Telephone inquiries regarding the availability of records can be made by calling (770) 476-4151, though full records typically require formal written requests.
The Duluth Municipal Court may provide access to arrest records related to cases within their jurisdiction at 3276 Buford Highway, Duluth, GA 30096.
Requestors should be prepared to provide specific information to facilitate the search, including the full name of the individual, date of birth, approximate date of arrest, and case number if available. Pursuant to O.C.G.A. § 50-18-71(c)(1), reasonable fees may be charged for search, retrieval, and copying of records.
Contents of a Duluth Arrest Record
Standard arrest records maintained by the Duluth Police Department contain comprehensive information about the arrest event and the individual involved. These records typically include:
Biographical information of the arrested individual:
- Full legal name
- Date of birth
- Physical description (height, weight, eye color, hair color)
- Home address
- Identifying marks such as tattoos or scars
Arrest details:
- Date, time, and location of arrest
- Arresting agency and officer identification
- Booking number and facility
- Charges filed, including Georgia Code citations
- Case number for tracking purposes
Documentation:
- Mugshot photograph
- Fingerprint records
- Property inventory taken at booking
- Miranda rights acknowledgment
Case processing information:
- Bail or bond amount
- Court appearance dates
- Disposition of charges if resolved
The Duluth Police Department Records Division maintains these records in accordance with Georgia law and departmental policies. Certain elements of arrest records may be subject to redaction based on privacy laws and ongoing investigation exemptions under O.C.G.A. § 50-18-72.
Expungement of Arrest Records in Duluth
The State of Georgia provides a process for the restriction and sealing of arrest records under specific circumstances, governed by O.C.G.A. § 35-3-37. This process, formerly known as expungement, is now referred to as "record restriction" in Georgia law.
Individuals may qualify for record restriction in Duluth under the following circumstances:
- Arrests that did not result in formal charges
- Cases where charges were dismissed or nolle prossed
- Cases resulting in acquittal (not guilty verdicts)
- First offender act dispositions after successful completion of sentence
- Conditional discharge completions for certain offenses
- Certain misdemeanor convictions for youthful offenders
The record restriction process requires submission of an application to the arresting agency, which in Duluth would be the Duluth Police Department. The application must include:
- Certified copies of final dispositions from the Duluth Municipal Court or other court of jurisdiction
- Proper identification of the applicant
- Payment of any applicable processing fees
Upon approval, the Georgia Bureau of Investigation (GBI) will restrict access to the arrest record in the state's criminal history database. However, certain entities may still have access to restricted records, including criminal justice agencies, certain employers in sensitive positions, and licensing boards as specified in O.C.G.A. § 35-3-37(i).
It should be noted that record restriction does not physically destroy records but limits their accessibility to the general public. Additionally, if the arrest resulted in a conviction that was later pardoned, the pardon does not automatically restrict the record—a separate application for record restriction must be filed.
Legal Considerations for Accessing Arrest Records
Access to arrest records in Duluth is subject to various legal considerations that balance public transparency with individual privacy rights. The following legal frameworks govern this access:
The Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.) establishes the presumption of openness for government records, including arrest records.
Federal privacy laws, including the Privacy Act of 1974, may impact the disclosure of certain information contained within arrest records, particularly when federal agencies are involved.
The Health Insurance Portability and Accountability Act (HIPAA) may restrict access to medical information that might be contained within arrest records.
Juvenile records are subject to heightened confidentiality under O.C.G.A. § 15-11-700, which generally restricts public access to records involving individuals under 17 years of age.
Records pertaining to victims of certain crimes, particularly sexual offenses, may have restricted access pursuant to O.C.G.A. § 16-6-23.
Ongoing investigations may be temporarily exempt from disclosure under O.C.G.A. § 50-18-72(a)(4).
Requestors should be aware that improper use of arrest record information may result in civil liability. The Duluth Municipal Court and Duluth Police Department adhere to these legal frameworks when processing requests for arrest records.
Search Arrest Records in Duluth
