If either the arrest or the outcome/final disposition information on your criminal history is incorrect, it is the responsibility of the agency that placed the information on your record to make the correction. It is your responsibility to make them aware of the error. For incorrect arrest information, report the incorrect charge to the arresting agency. For incorrect or missing outcome/final disposition information, report the incorrect information to the clerk of court for the court in which your case was resolved. See O.C.G.A. 35-3-37 (e)-(g) for more information.
Here are specific instructions on correcting arrest or disposition information on your record.
- Verify that the information is incorrect by obtaining a copy of the police report from the arresting agency or the final disposition from the clerk of court, then compare to the information that appears on your GCIC criminal history record.
- Give the police report or final disposition, along with a copy of your GCIC criminal history record with the incorrect information marked, to the agency that placed the information on your criminal history – the arresting agency or the clerk of court where you obtained the documentation. You must submit your request to correct your GCIC criminal history record in writing. Keep a dated copy of the request for your records.
- The agency or clerk has sixty (60) days to investigate and, if appropriate, make the correction on your record.
- If the agency or clerk declines to correct the information or fails to act within sixty (60) days, you must file an appeal in the court that originally handled your charges. You have thirty (30) days from the date of the agency’s decision or the end of the sixty-day (60) period to file the appeal.
- Send a copy of your appeal to the agency that placed the information on your criminal history and to the prosecutor on your case by certified mail or overnight delivery.
- If the court determines your record is inaccurate, incomplete, or misleading, the court will order the record corrected within sixty (60) days.
Posted in: Corrections