O.C.G.A.
O.C.G.A.

O.C.G.A. § 35-3-30 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term: (1) ‘‘Career criminal’’ means any person who has been previously convicted three times under the laws of this state of felonies or under the laws of any other state or the United States of crimes which would be felonies if committed within this state. (1.1) ‘‘Center’’ means the Georgia Crime Information Center. (2) ‘‘Council’’ means the Georgia Crime Information Center Council. (3) ‘‘Criminal justice agencies’’ means those public agencies at all levels of government which perform as their principal function activities relating to the apprehension, prosecution, adjudication, or rehabilitation of criminal offenders.

(4) ‘‘Criminal justice information’’ means the following classes of information: (A) ‘‘Criminal history record information’’ means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system. (B) ‘‘Restricted data’’ means data which contains information relating to data-gathering techniques, distribution methods, manuals, and forms. (C) ‘‘Secret data’’ means data which includes information dealing with those operational and programming elements which prevent unlawful intrusion into the Georgia Crime Information Center/Criminal Justice Information System computer system, the communications network, and satellite computer systems handling criminal justice information. (D) ‘‘Sensitive data’’ means data which contains statistical information in the form of reports, lists, and documentation, which information may identify a group characteristic. It may apply to groups of persons, articles, vehicles, etc., such as white males or stolen guns. (5) ‘‘Criminal justice information system’’ means all those agencies, procedures, mechanisms, media, and forms, as well as the information itself, which are or which become involved in the origination, transmittal, storage, retrieval, and dissemination of information related to reported offenses, offenders, and the subsequent actions related to such events or persons. (6) ‘‘Law enforcement agency’’ means a governmental unit of one or more persons employed full time or part time by the state, a state agency or department, or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority. (7) ‘‘Offense’’ means an act which is a felony, a misdemeanor, or a violation of a county or municipal ordinance.

History

Ga. L. 1973, p. 1301, § 1; Ga. L. 1976, p. 617, § 1; Ga. L. 1982, p. 952, §§ 1, 3; Ga. L. 1984, p. 22, § 35; Ga. L. 1985, p. 149, § 35; Ga. L. 2006, p. 379, § 23/HB 1059.

Annotations

Editor’s notes. - Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: ‘‘The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing

and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.’’ Law reviews. - For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006). For comment, ‘‘Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection,’’ see 41 Emory L.J. 1185 (1992).

JUDICIAL DECISIONS Cited in Meinken v. Burgess, 262 Ga. 863, 426 S.E.2d 876 (1993); Ledbetter v.

State, 349 Ga. App. 154, 825 S.E.2d 530 (2019).

Notes of Decisions
Cited in 10 cases, 1987–2019 · leading case: Napper v. Georgia Television Co., 356 S.E.2d 640 (Ga. 1987).
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Napper v. Georgia Television Co., 356 S.E.2d 640 (Ga. 1987). · cites it 6× “The appellant contends that under the statutory provisions under which the Georgia Crime *167 Information Center (GCIC) was established, OCGA § 35-3-30 et seq., this information is not subject to public disclosure.”
Harvey v. State, 469 S.E.2d 176 (Ga. 1996). · cites it 4× “[6] See OCGA § 35-3-30 to OCGA § 35-3-40. [7] Burnham v.”
Nasir v. Gwinnett Cnty. State Court, 798 S.E.2d 695 (Ga. Ct. App. 2017). · cites it 4× “In several enumerations of error, Nasir essentially argues that the trial court erred in finding that he was ineligible for expungement of his criminal records under OCGA § 35-3-37, which is within our criminal history record information statute, OCGA § 35-3-30 et seq. Providing…”
Mosley v. Lowe, 782 S.E.2d 43 (Ga. 2016). · cites it 2× “3 See OCGA § 35-3-30 (4) (A) (defining “criminal history record information” as “information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal…”
Meinken v. Burgess, 426 S.E.2d 876 (Ga. 1993). · cites it 4× “If a superior court could expunge a record in every case in which a record was inaccurate, incomplete, or misleading, many arrest records that the state has a vital interest in maintaining would be subject to expungement, thereby risking the defeat of the very purpose for which…”
Poole v. State, 494 S.E.2d 251 (Ga. Ct. App. 1997). · cites it 4× “1301, § 1 (b); OCGA § 35-3-30 (7). Further, the City of LaGrange, in its 1968 charter, designated a violation of one of its ordinances as an “ordinance violation,” not as a misdemeanor, which carried a maximum penalty of a fine not exceeding $500 and imprisonment not exceeding…”
Williams v. State, 564 S.E.2d 759 (Ga. Ct. App. 2002). · cites it 4× “See OCGA §§ 35-3-30 (3), (6); 35-3-33 (a) (10) (Georgia Bureau of Investigation’s policies and procedures regarding prosecutors’ use of GCIC reports for official law enforcement duties only); Sears v.”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002). “O.C.G.A. §§ 35-3-30 to -A0. Georgia law delegates no such authority to counties.”
Demetrius Dewayne Ledbetter v. State (Ga. Ct. App. 2019). · cites it 4× “”6 To that end, we must afford the statutory text its plain and ordinary meaning,7 consider the text 3 See OCGA § 35-3-30 et seq. 4 OCGA § 35-3-3 (“The Georgia Bureau of Investigation shall be composed of the Investigations Division, the Forensic Sciences Division, the Georgia…”
Hamidullah Nasir v. Gwinnett Cnty. State Court (Ga. Ct. App. 2017). · cites it 4× “In several enumerations of error, Nasir essentially argues that the trial court erred in finding that he was ineligible for expungement of his criminal records under OCGA § 35-3-37, which is within our criminal history record information statute, OCGA § 35-3-30 et seq. Providing…”
— 35-3-30(7) — 1 case
Poole v. State, 494 S.E.2d 251 (Ga. Ct. App. 1997). “1301, § 1 (b); OCGA § 35-3-30 (7). Further, the City of LaGrange, in its 1968 charter, designated a violation of one of its ordinances as an “ordinance violation,” not as a misdemeanor, which carried a maximum penalty of a fine not exceeding $500 and imprisonment not exceeding…”
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