Cherokee County Public Records
What Are Public Records in Cherokee County?
Public records in Cherokee County are defined according to the Georgia Open Records Act, codified under Official Code of Georgia Annotated (O.C.G.A.) § 50-18-70 et seq. This statute establishes that public records include all documents, papers, letters, maps, books, tapes, photographs, computer-based or generated information, or similar material prepared, maintained, or received by an agency in the course of its operations.
Cherokee County maintains a comprehensive collection of public records that are accessible to citizens and interested parties. These records include:
- Court Records: Civil, criminal, probate, and family court documents maintained by the Cherokee County Clerk of Courts
- Property Records: Deeds, mortgages, liens, and property assessments
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees
- Business Records: Business licenses, permits, and fictitious name registrations
- Tax Records: Property tax information and assessment records
- Voting and Election Records: Voter registration data and election results
- Meeting Minutes and Agendas: Records from County Commission meetings and various boards
- Budget and Financial Documents: County expenditures, contracts, and financial reports
- Law Enforcement Records: Incident reports and arrest logs (with statutory limitations)
- Land Use and Zoning Records: Planning documents, zoning applications, and permits
Different county departments maintain specific record types. The Cherokee County Clerk of Courts maintains court records, property records, and marriage licenses. The Cherokee County Sheriff's Office maintains law enforcement records. The Tax Commissioner's Office handles property tax records, while the Board of Elections manages voting records.
Is Cherokee County an Open Records County?
Cherokee County fully complies with the Georgia Open Records Act, as established under O.C.G.A. § 50-18-70 et seq. This comprehensive state law governs public access to government records throughout Georgia, including Cherokee County.
The Georgia Open Records Act explicitly states that "public records shall be open for personal inspection and copying" by any citizen, with certain statutory exceptions. The law further specifies that agencies "shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request."
Cherokee County has implemented specific procedures to facilitate public access to records in accordance with state law. The county maintains an open records request process through various departments, including the Sheriff's Office, Clerk of Courts, and Solicitor General's Office.
Additionally, Cherokee County adheres to Georgia's Open Meetings Act (O.C.G.A. § 50-14-1 et seq.), often referred to as the "Sunshine Law," which requires that government meetings be open to the public. This commitment to transparency extends to the county's record-keeping practices and public access policies.
The county's compliance with these laws reflects its dedication to governmental transparency and public accountability, ensuring citizens have appropriate access to information about county operations and decision-making processes.
How to Find Public Records in Cherokee County in 2026
Members of the public seeking records in Cherokee County may utilize several methods to locate and obtain the information they need. The county provides multiple access points depending on the type of record sought.
For court-related documents, individuals may access the Cherokee County Clerk of Courts online portal. This resource provides access to court calendars, case information, and certain court documents. The Clerk's office maintains records including:
- Civil and criminal court cases
- Real estate records
- Liens and property documents
- Marriage licenses
- Notary commissions
For law enforcement records, the Cherokee County Sheriff's Office maintains a dedicated records division. Requestors may submit an open records request through their records request portal. Available records include:
- Incident reports
- Accident reports
- Arrest records
- Criminal histories (with restrictions)
For misdemeanor prosecution records, the Office of the Solicitor-General handles specific open records requests related to their jurisdiction.
To request public records in Cherokee County, individuals should:
- Identify the specific department that maintains the desired records
- Complete the appropriate open records request form (available online or in person)
- Submit the request via email, mail, or in person to the relevant department
- Provide sufficient detail to identify the requested records
- Include contact information for follow-up
- Be prepared to pay applicable fees for document reproduction
Many records are now available through online portals, reducing the need for in-person visits. The Georgia Courts portal also provides access to certain court records across the state, including those from Cherokee County.
How Much Does It Cost to Get Public Records in Cherokee County?
Cherokee County assesses fees for public records in accordance with the provisions outlined in the Georgia Open Records Act (O.C.G.A. § 50-18-71). The current fee structure is designed to recover reasonable costs associated with search, retrieval, and reproduction of requested documents.
Standard fees currently in effect include:
- Photocopies: $0.10 per page for letter or legal size documents
- Certified Copies: Additional $2.50 per document
- Administrative Search and Retrieval: $14.44 per hour (first 15 minutes free)
- Electronic Records: Actual cost of the media on which records are produced
- Specialized Documents: Maps, photographs, and other non-standard documents are charged at actual cost
The Cherokee County Sheriff's Office charges specific fees for certain records:
- Incident/Accident Reports: $5.00 per report
- Background Checks: $20.00 per name search
- Fingerprinting Services: $10.00 per card
Payment methods accepted by most Cherokee County departments include:
- Cash (in-person requests only)
- Money orders
- Certified checks
- Credit/debit cards (in some departments)
- Personal checks (with proper identification)
The Georgia Open Records Act permits agencies to require prepayment if estimated costs exceed $25.00. Requestors will be notified of estimated costs before records are produced when charges are anticipated to exceed this threshold.
Fee waivers may be available in certain circumstances where disclosure serves the public interest. Such determinations are made on a case-by-case basis by the custodian of records.
Does Cherokee County Have Free Public Records?
Cherokee County provides free access to certain public records in compliance with the Georgia Open Records Act. The law specifically allows for free inspection of records during normal business hours at the location where such records are maintained.
Records available for free inspection include:
- County Commission meeting minutes and agendas
- County budgets and financial reports
- Property assessment information (limited search capabilities)
- Voter registration status
- Court dockets and calendars
The county also provides free online access to several record databases through the Cherokee County government website. These include:
- Property tax records (basic information)
- County ordinances and codes
- Meeting schedules and agendas
- Election results
The Cherokee County Clerk of Courts offers limited free online access to court case information, though detailed documents may require payment.
Additionally, Open Georgia provides free access to certain financial records, including salary information for public employees and government spending data.
While inspection of records is generally free, reproduction costs apply when copies are requested. Some specialized searches or certified documents will incur fees regardless of the request method. Agencies may also charge for administrative time required to search, retrieve, and redact records when such efforts exceed 15 minutes.
Who Can Request Public Records in Cherokee County?
Under the Georgia Open Records Act, any person may request access to public records maintained by Cherokee County government agencies. The law does not restrict access based on citizenship or residency status, making records available to both Georgia residents and non-residents alike.
Key eligibility considerations include:
- Requestors need not provide identification for most record requests
- Requestors are not required to state the purpose of their request for most records
- Requestors may remain anonymous for certain record types, though providing contact information facilitates processing
- Commercial use of public records is permitted under Georgia law
For certain sensitive or restricted records, additional requirements may apply:
- Criminal history information may require proper identification and authorization
- Vital records (birth/death certificates) typically require proof of relationship or legal interest
- Juvenile court records have specific access restrictions under O.C.G.A. § 15-11-700
- Medical examiner reports may require demonstration of legitimate interest
When requesting records about oneself, proper identification is typically required to ensure privacy protection. When requesting records about another individual, certain personal information may be redacted in accordance with privacy provisions in O.C.G.A. § 50-18-72.
Government agencies, media organizations, attorneys, and researchers have the same general rights of access as individual citizens, though certain professional categories may have enhanced access to specific record types through separate statutory provisions.
What Records Are Confidential in Cherokee County?
Cherokee County maintains certain records as confidential in accordance with exemptions specified in the Georgia Open Records Act, particularly O.C.G.A. § 50-18-72. These exemptions protect privacy, security, and other important interests while balancing the public's right to information.
Records that are generally exempt from disclosure include:
- Personal Information: Social Security numbers, dates of birth, mother's birth name, credit card information, bank account information, financial data, insurance information, medical information, and unlisted telephone numbers
- Law Enforcement Records: Ongoing investigation materials, confidential informant identities, and certain surveillance techniques as outlined in O.C.G.A. § 35-3-37
- Juvenile Records: Court proceedings involving minors, except as specifically authorized by law
- Sealed Court Records: Records sealed by judicial order, including certain expunged criminal records
- Medical Records: Protected health information under HIPAA and state medical privacy laws
- Adoption Records: Information regarding adoptions, which remains confidential by statute
- Child Welfare Records: Reports and investigations by child protective services
- Personnel Records: Certain employment records, though basic information remains public
- Attorney-Client Communications: Legal advice and strategy discussions between county officials and legal counsel
- Security Information: Building security plans, emergency response protocols, and critical infrastructure details
- Trade Secrets: Proprietary business information submitted to the county
The Georgia Open Records Act employs a balancing test for certain records, weighing the public interest in disclosure against privacy interests or potential harm from release. County records custodians apply this test when considering requests for sensitive information not explicitly exempted.
Individuals seeking access to records that may contain exempt information should specify the records sought with particularity. The county will redact exempt information while providing access to the remainder of the record when possible.
Cherokee County Recorder's Office: Contact Information and Hours
Cherokee County Clerk of Superior Court
90 North Street, Suite 240
Canton, GA 30114
(678) 493-6511
Cherokee County Clerk of Courts
Public Counter Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Cherokee County Probate Court
90 North Street, Suite 340
Canton, GA 30114
(678) 493-6160
Cherokee County Probate Court
Public Counter Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Cherokee County Sheriff's Office Records Division
498 Chattin Drive
Canton, GA 30115
(678) 493-4200
Cherokee County Sheriff's Office
Public Counter Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Cherokee County Tax Commissioner's Office
2780 Marietta Highway
Canton, GA 30114
(678) 493-6400
Cherokee County Tax Commissioner
Public Counter Hours:
Monday - Friday: 8:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Lookup Public Records in Cherokee County
Clerk of Courts Records and Document Search
Sheriff's Office Public Records Request
Solicitor-General Open Records Request
Cherokee County Sheriff's Office