Arrest records are public documents in McDonough, Georgia, pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). This legislation establishes the public's right to access government records maintained by state and local agencies, including law enforcement entities. The Act serves to promote transparency in government operations and accountability of public officials. Under these provisions, arrest records generated by the McDonough Police Department and the Henry County Sheriff's Office are generally accessible to any member of the public, subject to specific statutory exemptions designed to protect ongoing investigations, juvenile records, and certain privacy interests as defined in O.C.G.A. § 50-18-72.
Members of the public seeking arrest records in McDonough have multiple methods available for conducting searches. The Henry County law enforcement agencies maintain these records in accordance with Georgia state law and county regulations. Individuals may access arrest information through the following official channels:
Requestors should note that pursuant to O.C.G.A. § 50-18-71(c)(1), agencies may charge reasonable fees for search, retrieval, and copying of records. Current fee schedules are available at each agency's administrative office.
Official arrest records maintained by McDonough law enforcement agencies contain standardized information as required by Georgia law and departmental policies. These records typically include the following elements:
The Henry County State Court maintains records of subsequent court proceedings related to arrests within its jurisdiction. The court is located at:
Henry County State Court One Judicial Center, Suite 260 McDonough, GA 30253 770-288-7700 Official Website
The State of Georgia refers to the expungement process as "record restriction" under O.C.G.A. § 35-3-37. This statute provides mechanisms through which certain arrest records may be restricted from public disclosure under qualifying circumstances. Individuals arrested in McDonough may petition for record restriction if:
The record restriction process requires submission of an application to the arresting agency, which then forwards eligible requests to the Georgia Bureau of Investigation (GBI) for processing. Applicants must submit the appropriate forms and may be required to pay administrative fees as authorized by state law.
Individuals seeking record restriction should note that certain offenses are statutorily ineligible for restriction, including serious violent felonies as defined in O.C.G.A. § 17-10-6.1 and sexual offenses specified in O.C.G.A. § 17-10-6.2. Additionally, restricted records remain accessible to criminal justice agencies, certain employers as specified by law, and licensing boards for occupations affecting public safety.