Arrest Records in DeKalb County DUI Cases

For a person arrested for DUI in DeKalb County, it is important to remember that an arrest is not a conviction, and just because someone is arrested does not mean that they will necessarily also be found guilty. Cases may be negotiated down to a lesser charge or beaten at trial for admissibility issues, a question of the legality of the search and seizure, or whether or not there is proof beyond a reasonable doubt that the person was driving under the influence.

However, in order to give yourself the strongest chance at avoiding the most serious consequences it is important to consult with an experienced DeKalb County DUI lawyer to learn more about your options. Through the discovery process, DUI attorneys can get the DeKalb County officer’s full report, including the details and steps made in determining why the person was arrested, and use this information to build a strong defense.

Record Locations

Arrest records of DUIs are, in most cases, available to the public. Usually, DeKalb County police will turn over to the public the basic DUI report only, which includes who was arrested, when, where, what the defenses were, and a brief discussion of what happened.

A copy of the DeKalb County police department arrest report can be obtained at the DeKalb County police department headquarters . There are many other police departments in DeKalb County, such as DeKalb County sheriff department, Doraville police, and Decatur police, along with the university police and other agencies. In total, there are approximately 15 police agencies patrolling parts of DeKalb County. Each police department has their own records department with its own headquarters. If a person needs the report of an arrest they must know which department made the arrest.

Collateral Consequences of a Public Arrest Record

Until a couple of years ago, there was a big problem in DeKalb County with mug shots being taken from police websites and put on private websites with embarrassing information about the arrest. When an individual would contact the website to request it be taken down, the website would charge a fee. Often people would pay the fee just to find their picture on another website.

The Georgia legislature moved to restrict this from occurring and passed a law requiring sheriffs no longer make mug shots available to the public.

Now it is less common to find a mug shot, but it is still possible to find reports of a person’s arrest online. These records can cause embarrassment and stress for those arrested. Especially because an arrest is not the same as a conviction.

Restricted Records v. Expungement

Until 2013, Georgia only sealed arrest records, known as expungements, in limited situations, such as when the prosecutor elected to dismiss the case prior to trial. In 2013, the Georgia legislature acted to change from the term expungement to records restriction, a record restriction is still a sealed record but expands the ability to have a person’s records restricted in more situations. These can include situations where a case is thrown out for evidentiary reasons or a person was found to be not guilty at trial.

If an individual is found not guilty at trial, the DUI arrest record will still show up unless steps are taken to have the record restricted. The record’s restriction can be applied for in many situations, with more avenues now than ever before.

An experienced DUI lawyer can work towards defeating your DUI case, and assist in restricting the arrest records to remove any possible embarrassment from this time in your life.