The Georgia Open Records Act
The Georgia Open Records Act lives at O.C.G.A. § 50-18-70 et seq. The policy is open access to government records unless a law makes the record confidential or allows withholding. The timing and fee rule sits at O.C.G.A. § 50-18-71. Exemptions sit at O.C.G.A. § 50-18-72. The Georgia Attorney General publishes the open government page with guidance.
The Attorney General's open government resources are the easiest one-stop summary of Georgia's Open Records Act and Open Meetings Act rights for a Gwinnett requester.
Court Records vs Agency Records
Court case files are not the same as agency records. Court files follow court rules and the Clerk's procedures. Agency records follow the Open Records Act and the holding department's policies. A request for an arrest report goes to the arresting agency. A request for a charge file goes to the Clerk of Courts. A request for a county personnel record goes to the personnel office. The Open Records Act is most useful for administrative records, sheriff records, and county documents.
| Record Type | Right Office |
|---|---|
| Court case file | Clerk of Courts via Odyssey or the case search page. |
| Probate file | Gwinnett Probate Court. |
| Arrest report | Arresting agency, often the Gwinnett County Police or municipal department. |
| Jail record | Gwinnett County Sheriff's Office. |
| Real estate or deed | Clerk of Courts; statewide access through the Georgia Superior Court Clerks' Cooperative Authority. |
| Vital records (marriage) | Probate Court for local, state vital records for statewide. |
| Driver record | Georgia Department of Driver Services. |
Records Available in Gwinnett County
Public records in Gwinnett go beyond court case files. The list below is not exhaustive, but it covers the records most users ask about.
- Court case files: civil, criminal, family, probate, traffic, and small claims.
- Sheriff and jail records: bookings, releases, warrant service, and administrative reports.
- Police incident and arrest reports from the arresting agency.
- County administrative records, budgets, contracts, and agendas.
- Real estate filings, liens, and notary index through the Superior Court Clerks' system.
- Vital records: marriage through Probate Court, birth and death through state vital records.
- Driver records through Georgia DDS.
- Open meeting minutes for the county commission and other public bodies.
How to File a Gwinnett Open Records Request
- Identify the agency that holds the record. A Gwinnett sheriff record does not sit with the county finance office.
- Write the request with enough detail to find the file: date, location, case number, names, report number, record type, and preferred delivery format.
- Send the request to the agency's records contact or open records officer.
- Watch for the agency's response under the Open Records Act time frame.
- Review any cited exemption. A partial production with redactions is common.
- Ask for a fee estimate before agreeing to large search or copy work.
- If denied, ask for the specific statutory basis. For administrative records, escalate through the Attorney General resources. For sealed court records, file a motion in the court that controls the file.
The Open Records Act sets the floor for response times and the fee rules used by Gwinnett agencies when processing public records requests.
Gwinnett Open Records Request Form Fields
Most county agencies use a similar request format. A clear request reduces back and forth. The list below covers the fields most agencies ask for.
| Field Label | Type | Required | Notes |
|---|---|---|---|
| Requester name | Text | Yes | Full name of the person sending the request. |
| Contact email or phone | Text | Yes | Used for fee estimates and delivery. |
| Record description | Text | Yes | Date, location, case number, report number, names, type. |
| Date range | Date | Optional | Narrows the search to a window. |
| Delivery format | Dropdown | Yes | Paper, electronic, or in-person inspection. |
| Fee estimate request | Checkbox | Optional | Ask for an estimate before work begins. |
| Signature or attestation | Text or signature | Conditional | Some forms require a signed request. |
Fees and Timing
Under O.C.G.A. § 50-18-71, Georgia agencies must respond within statutory time frames and may charge reasonable costs. Common charges include search time, retrieval, redaction, copying, and electronic media. Agencies may give a fee estimate, and requesters can narrow the request to control the cost.
| Cost | Source |
|---|---|
| Search and retrieval time | Agency hourly rate, capped under O.C.G.A. § 50-18-71. |
| Plain copies per page | Set by the agency, with statutory limits. |
| Electronic copies | May include media or storage cost. |
| Redaction time | Counts as part of the agency's work to comply. |
| Certified copies | Court certified copies come from the Clerk of Courts. |
Common Exemptions Under O.C.G.A. § 50-18-72
Some records may be withheld or redacted. Exemptions cover law enforcement records that could compromise an investigation, medical information, security plans, certain personnel information, and material made confidential by other Georgia laws. Court records sealed under court order also stay out of ordinary requests. The exemption list is long, so an agency citing an exemption should give the specific statute.
Sheriff and Police Records
The Gwinnett County Sheriff's Office at gwinnettcounty.com/departments/sheriff holds jail and warrant records. Police incident and arrest reports come from the arresting agency, which can be the Gwinnett County Police, a municipal department, or another agency. Each agency runs its own open records contact, and the Open Records Act exemption for active investigations may delay release until the case is closed.
Clerk of Courts Records
The Clerk of Courts holds case files for Superior, State, Magistrate, and Recorder's Court. Search through the case search hub at gwinnettcourts.com/casesearch for online public index data. The Clerk handles certified copies, in-person requests, and mail requests for case files. Real estate documents in Georgia run through Superior Court clerks and the Georgia Superior Court Clerks' Cooperative Authority.
Legal Aid for Access Problems
A denied or oversized request can stall. Free or low cost help is available through Georgia legal aid organizations and the State Bar. For civil cases, contact Georgia Legal Aid, Atlanta Legal Aid Society, the State Bar of Georgia, or the Gwinnett County Bar Association. For sealed court records, the right step is a motion in the court that controls the file.
Note: The Open Records Act is not a magic password for sealed court files. A judge's order is needed to unseal a case file.
Gwinnett Real Estate Records
Real estate documents, including deeds, mortgages, liens, and notary index records, run through Superior Court clerks in Georgia. Statewide access for these records is offered by the Georgia Superior Court Clerks' Cooperative Authority at gsccca.org. Title companies, lenders, and pro se buyers often start there for chain of title work.