Georgia Misdemeanors

A misdemeanor is a criminal offense that is less serious than a felony. Nonetheless, it is more serious than a civil infraction. In Georgia, misdemeanors may result in fines, probation, and short-term incarceration at a county jail or other correctional facility. Each state has its own legal standards.

What Is a Misdemeanor in Georgia?

Under Georgia law, crimes are categorized as felonies, misdemeanors, and violations/ordinance infractions. A standard misdemeanor is punishable by up to 12 months in a county or other local jail. It may also attract up to a $1,000 fine, unless specified otherwise by statute (O.C.G.A. § 17-10-3).

Georgia also recognizes a more serious class of misdemeanor known as “misdemeanors of a high and aggravated nature.” These misdemeanors have the same maximum jail time but attract higher fines (up to $5,000) (O.C.G.A. § 17-10-4).

In Georgia, common misdemeanors include theft by shoplifting (below certain value thresholds), simple battery, criminal trespass, disorderly conduct, and first or second DUI offenses (depending on prior offenses and aggravating factors). A fourthDUI offense within 10 years is classified as a felony in Georgia.

Misdemeanor Classes and Penalties in Georgia

Georgia misdemeanors are not classified into A/B/C levels. Instead, the state recognizes two main categories:

• Misdemeanor: The court may impose up to 12 months in a county or local jail. Persons guilty of this charge may pay up to $1,000 in fines, unless otherwise specified.
• Misdemeanor of a High and Aggravated Nature: This is punishable by up to 12 months in a local jail facility and/or up to $5,000 in fines.

Courts may also impose probation, community service, restitution, counseling/treatment,and license-related penalties (especially in traffic/DUI cases). The 12-month cap generally applies, while offense-specific statutes, especially those in the traffic code for DUI, introduce defined ranges for fines and additional license-related penalties.

Misdemeanor Court Process in Georgia

Where cases are heard. Georgia has six trial-level courts. The superior, state, juvenile, probate, magistrate, and municipal Courts decide legal matters in the county.Most adult misdemeanor cases (including traffic violations) are filed in the State or Municipal Courts. Superior courts may also hear misdemeanors and handle all felony cases.

Typical sequence.

1. Arrest or citation. Law enforcement either arrests or issues a summons/citation to appear in court
2. First appearance & arraignment. The court informs the defendant of their charges and rights. Conditions for release are set, and a plea may be entered. If jail is a possible outcome and the defendant is indigent, a legal counsel may be appointed.
3. Pre-trial. This phase includes discovery, motions, plea negotiations, and any diversion or specialty court options.
4. Trial (jury or bench) or plea. Misdemeanors typically resolve through a plea agreement. Otherwise, the case proceeds to a bench or jury trial in the appropriate court with jurisdiction.
5. Sentencing. Upon a plea or conviction, the judge imposes a sentence within the authorized misdemeanor or high-and-aggravated ranges. Additional penalties may include probation, restitution, or treatment programs.
6. Appeal. Appeals from state courts generally go to the Court of Appeals. In municipal matters, they are first heard in the Superior Court. Further review may be granted by the Georgia Supreme Court depending on the legal issue. The Judicial Council provides an overview of the appellate process and trial court functions.

Where time is served. Individuals sentenced for misdemeanor offenses serve them in county jails or other detention facilities and not in prisons managed by the Department of Corrections.

Misdemeanor Records in Major Georgia Cities

Georgia does not maintain a unified statewide portal to access criminal case records. Access is granted through counties and courts with specific multi-county tools, which provide limited coverage.

• Atlanta (Fulton County). The Fulton County State Court handles misdemeanor criminal cases (simple battery, DUIs, criminal trespass, and traffic violations). Case information may be accessed via the Clerk’s eServices portal and multi-county portals such as re:SearchGA (coverage often varies). The Municipal Court of Atlanta provides an online tool for ticket lookup and payment related to city ordinance and traffic cases.
• Savannah (Chatham County). Chatham County courts offer a centralized portal providing a link where the public may perform case searches and pay traffic tickets or ordinance violations handled by the Recorder's Court. The Superior Court Clerk outlines what information is available online and refers users to the re:SearchGA portal for access to criminal records.
• Augusta (Richmond County). The Clerk of the Superior/State/Juvenile Court provides a Case Management Search portalfor viewing court records. Court users may find contacts and online options for fine payment. The State Court’s website offers additional information about court operations.

The state’s Judicial Branch also maintains a portal for E-Access to Court Records (it directs you to the appropriate provider/portal). The portal also directs individuals across the state on how to pay tickets online for municipal violations.

What you may typically see online: Anyone may find case numbers, parties, charges (code sections), hearings, docket entries, dispositions, sentencing terms (jail/probation/fines), and outstanding balances. The clerk’s file is the official record, and the availability of scanned records varies by court.

How to Search for Misdemeanor Records in Georgia

1. Identify the court forum. Litigants are required to determine whether the case may be heard in a state, municipal, or superior court in the county/city of arrest. Georgia’s Judicial Council offers a website that helps individuals understand court roles and jurisdiction.
2. Use the local portal. For Fulton County, the public may search the Clerk’s eServices website to find records. In Savannah or Chatham County, individuals may visit the county court website and the Recorder's Court for traffic ticket payment. For Augusta/Richmond County, residents may use the Case Management Search portalfrom the Clerk’s website.
3. Tickets & citations. For municipal violations in Atlanta, anyone may use the city’s payment or case lookup website. Georgia also provides general guidance for paying a traffic ticket. This may be resolved if you have your citation or case number.
4. If records are not available online. Individuals may contact the Clerk of Court via phone or schedule an in-person visit for certified copies or archived records. Coverage and imaging differ by court. Anyone may find information such as the phone numbers and visiting hours on the Court Clerk’s website.

How Long Does a Misdemeanor Stay on Your Record in Georgia?

In Georgia, misdemeanor records are kept for a long-term period and are not automatically erased. They remain publicly accessible unless you petition the court under O.C.G.A. § 35-3-37 and SB 288 (2020) to seal your records:

Record restriction & sealing (convictions). Eligible individuals may petition to restrict and seal up to two misdemeanor convictions (or one “series” arising from a single incident). Eligibility requires completion of statutorily defined waiting periods and that other conditions are met. These include no pending charges or disqualifying offenses. Law enforcement agencies retain access to these records even after restriction/sealing.

Non-conviction dispositions. Many arrests that resulted in dismissal, nolle prosequi, or acquittal may be eligible for restriction. Although procedures vary depending on the arrest date. Individuals are required to work with the prosecutor or arresting agency, following the guidelines of the Georgia Bureau of Investigation.

DUI note. Certain DUI records are generally ineligible for restriction or sealing. Likewise, a 4th DUI in 10 years is classified as a felony and not a misdemeanor. This impacts criminal liability and long-term record visibility.

A court order is generally required to seal or restrict access to a record. In Georgia, misdemeanor records are visible to the public and may remain accessible for an indefinite period of time. This means that anyone may see that someone has committed a misdemeanor offense. This information is available during background checks and via court records managed by court clerks. For eligibility, individuals may review § 35-3-37/SB 288 and consider reaching out to a Georgia criminal defense attorney.