The Georgia Open Records Act in Henry County
Georgia's public-records framework begins with the Georgia Open Records Act, O.C.G.A. § 50-18-70. The statute establishes a strong presumption that public records are open. Court records are kept by the Clerk of the court where the matter was filed. Law-enforcement records are kept by the Sheriff and city police departments. Vital records are split between Probate Court and the Department of Public Health. Property and lien records are kept by the Clerk of Superior Court Real Estate Division through the Land Records System.
The Sheriff's Open Records page applies the statute locally and is the clearest example of how a Henry County office processes a request.
HCSO publishes its three-business-day response window, the ten-cents-per-page copy cap, the 15-minute free labor allowance, and the $25 and $500 estimate thresholds. Other Henry County offices follow similar timing and fees set by the statute.
How to File a Henry County Public Records Request
Send the request to the right custodian. Each office accepts requests by mail, in person, by email, or, in some offices, by online form. Be specific about the records sought and the format.
- Identify the custodian. Court records go to the Clerk of the court. Sheriff records go to HCSO Open Records. Property records go to the Clerk of Superior Court Real Estate Division. Vital records go to Probate Court or DPH.
- Describe the records you want. Include dates, parties, case numbers, or addresses to speed up the search.
- Specify the format: paper copies, electronic copies, or in-person inspection.
- Submit the request. For HCSO, the digital form, email to HCSOOpenRecordsRequest@co.henry.ga.us, PDF or fax to (770) 288-7116, or mail to HCSO Open Records, 120 Henry Parkway, McDonough, GA 30253.
- Wait for the response. The agency has three business days to determine whether the records exist and are disclosable.
- Pay the estimated fee if the records are produced. Estimated costs above $25 trigger notice; above $500, prepayment may be required.
Henry County Open Records Fees
Fees follow the framework in O.C.G.A. § 50-18-71. The Sheriff's published fee schedule is the cleanest local statement.
| Item | Amount |
|---|---|
| Letter or legal size copies | Up to $0.10 per page |
| Other size copies | Actual cost |
| Search and retrieval labor | First 15 minutes free, then hourly rate of lowest-paid qualified employee |
| Cost estimate threshold | $25 (notice required before continuing) |
| Prepayment threshold | $500 (prepayment may be required) |
| Response time | Three business days for an initial determination |
Records Exempt From Disclosure in Georgia
O.C.G.A. § 50-18-72 lists records that are not required to be disclosed. The list includes certain law-enforcement and prosecution materials, medical and similar privacy-sensitive files, confidential source information, and records that would endanger officers, victims, or witnesses if released.
The statute also exempts grand-jury material, information that could compromise security plans, and some commercial information. People who receive a denial under § 50-18-72 can challenge it under the enforcement provisions of the Act.
Criminal History and Record Restriction
Georgia's criminal-history framework is separate from the general Open Records Act. O.C.G.A. § 35-3-37 governs review, correction, and restriction of criminal history record information. People with qualifying arrests or dispositions can apply through the District Attorney's office to restrict public access. Restriction limits visibility to the general public and most non-government users, but law enforcement and certain licensing checks may still see restricted entries.
Henry County's local intake for record restriction is the District Attorney's record restrictions page.
Henry County Juvenile Records
Juvenile records are governed by Title 15, Chapter 11, Article 9 of the Georgia Code. Public access is narrower than for adult criminal or civil dockets. Parties, attorneys, court personnel, and authorized agencies can see juvenile records where the statute allows.
Henry County Juvenile Court is at 44 John Frank Ward Boulevard, Suite 115, McDonough, with the court phone line (770) 288-6866. Casual public lookups will not return juvenile records, and journalists or researchers seeking access usually need a court order.
Court Records vs Other Agency Records
People searching for Henry County public records often confuse court records with other government records. The two are not the same. Court records are produced by the Clerk of the court where the case sits. Agency records are kept by the agency that created them. A police report on an arrest is an agency record kept by the Sheriff or city police. The accusation or indictment from the same case is a court record kept by the Clerk of Superior Court or the Clerk of State Court.
Use the right office for the right file. Court files come through the MicroPact case management portals or the Clerk's office. Sheriff records come through HCSO Open Records. Property records come through the Clerk's Real Estate Division. Vital records come from Probate Court or DPH.
Other Henry County Records
The Clerk of Superior Court Real Estate Division handles deeds, liens, plats, trade names, UCC filings, tax lien recordings, and FANS (Filing Activity Notification System) alerts. The Tax Assessor handles property valuations. The Tax Commissioner handles property tax payments and motor vehicle registrations. The Board of Elections handles voter registration. Business licenses are issued at the city level for McDonough, Stockbridge, Hampton, and Locust Grove, and the county handles unincorporated-area licensing.
Other Confidential Categories
Adoption records are sealed under O.C.G.A. § 19-8-23. The general public cannot access adoption records, even though the underlying case starts in Superior Court. Medical and mental-health information attached to a court file is typically redacted under § 50-18-72. Probate Court involuntary-treatment and involuntary-commitment files are restricted because of their medical and privacy-sensitive content. Domestic violence safety information attached to a temporary protective order may be redacted to protect a petitioner's address and contact details. Crime victim identity and contact information may be protected depending on the context. Active law-enforcement investigations are also generally exempt while the case is open.
The Legal Organ for Henry County
Georgia counties publish certain official notices in a designated newspaper called the legal organ. The Henry County legal organ is The Henry Herald. Probate Court publishes estate notices, fiduciary citations, and certain other required notices in The Henry Herald, and publication costs are a standard part of the probate filing budget. People who want to find recent estate notices can search The Henry Herald archives, since the published legal notice is itself a public record after publication.
Appealing a Henry County Open Records Denial
The Open Records Act includes enforcement provisions at O.C.G.A. § 50-18-70 and following. People who believe a denial is wrong can ask the office to revisit the determination. If that fails, the next step is a civil action in Superior Court. The Georgia Attorney General publishes an Open Government Guide with the full Act text and enforcement framework. Some denials are appropriate (active investigation, sealed file, juvenile case), and the agency is required to cite the basis for its denial. A specific request with case numbers, dates, and parties is harder to deny in scope than a broad fishing-expedition request.
Practical Tips for a Henry County Records Request
The cleanest open-records requests share a few features. They name a specific custodian. They identify the records by date range, case number, address, or party name. They state a preferred format. They include the requester's contact information. They acknowledge that fees may apply and authorize a reasonable amount before notice is required. They avoid asking the agency to create new records or to answer questions, since the Act does not compel either response. A request that says "I want every email mentioning my last name from 2018 through today" is broad and may trigger a high estimate or a partial denial. A request that says "I want copies of incident reports from McDonough Police filed under case number 2024-XXXX from January 1, 2024 through February 28, 2024" is narrow and usually returns faster.