Whitfield County, Georgia Court Records
Whitfield County court records are official documentation of legal proceedings in the county's superior, magistrate, juvenile, and probate courts. They include filed documents-such as motions, petitions, affidavits, and complaints-case identifiers (case title, case numbers, filing dates, and party names), and judicial decisions in print or electronic form.
While the courts themselves create a significant portion of court records, case files can often include paperwork and information from external sources, such as law enforcement's arrest records and the Georgia Department of Public Health's vital records.
The office of the Clerk of Superior Court, the Magistrate Court clerk's office, and the state judiciary provide online and in-person options for accessing these records. Municipal Courts serving cities in Whitfield County also produce and dispense court records.
Are Whitfield County Court Records Public?
Yes. The general public, regardless of state of residence, can request case files and other information emanating from case proceedings in Whitfield County under Georgia common law. Court rules, such as Rule 21 of the Georgia Superior Court Uniform Rules, also designate records created and collected during case proceedings as public information.
However, various state and federal legal frameworks prohibit access to court records considered too sensitive for public access. These records include:
- Personal identifying information, such as Social Security numbers
- Child-related details, including juvenile, adoption, child custody, and child support records
- Information related to victims of abuse, protected witnesses, and confidential informants
- Medical and mental health data
- Unexecuted search warrants
- Some arrest records tied to ongoing criminal justice activities
Custodians can either reject requests for documents in their entirety or, after confirming that documents contain public and confidential information, redact the confidential portions.
While confidential and protected records are not releasable to the public, some entities, such as record subjects, their attorneys, and certain government agencies, are permitted by law to review them.
What Information is Available in Whitfield County Court Records?
The following are components of Whitfield County court records:
- Information that can help courts and the public identify cases, such as case numbers, party names, attorney details, filing dates, citation numbers, and names of judges
- Dockets, which outline case events and their dates, including hearings and filings
- Filed documents, such as affidavits, petitions, arguments, motions, and settlement agreements
- Judicial filings, including orders, rulings, opinions, verdicts, bench judgments, and sentencing
- Indictments, warrants, complaints, affidavits, and bond letters submitted during criminal proceedings
- Courtroom recordings, transcripts, stenographic records, and log sheets
- Evidence, such as photographs, video files, text messages, emails, witness statements, and other materials provided during discovery
Whitfield County Court Records Search
The state's judiciary allows the public to view case files from Superior Court cases through a third-party provider's system. However, the system is only available to registered users. One can access the system by visiting the E-Access to Court Records webpage and selecting Whitfield Superior.
To view case files for free or request copies of filed documents from the superior court, record seekers can visit or contact the office of the Clerk of Superior Court, where records from cases outside the jurisdiction of other courts reside.
The magistrate clerk, the office that handles records originating from county ordinance violations and civil cases worth up to $15,000, can be contacted using the following details:
205 North Selvidge Street
Suite E
Dalton GA 30720
P.O. Box 386
Dalton, GA 30722
The Magistrate Court also provides instructions on reviewing court records online through its Web Search Instructions document.
Fees for Court Records in Whitfield County
Court custodians charge the following copy and certification fees to record seekers:
- Plain copies (with clerk staff assistance): $1 per page
- Plain copies (without assistance): 50 cents
- Plain copies transmitted electronically: $2.50 for the first page and 50 cents for every page after
- Certification or exemplification: $2.50 for the first page and 50 cents for every subsequent page
Whitfield County Courthouse Locations
The following are court locations in Whitfield County:
Whitfield County Superior Court
205 North Selvidge Street
Dalton, GA 30720
Phone: (706) 275-7450
Whitfield County Magistrate Court
205 North Selvidge Street
Suite E
Dalton GA 30720
P.O. Box 386
Dalton, Georgia 30722
Phone: (706) 278-5052
Whitfield County Probate Court
205 North Selvidge Street
Suite G
Dalton, GA 30720
Phone: (706) 275-7400
Fax: (706) 281-1735
Whitfield County Juvenile Court
205 North Selvidge Street
Dalton, GA 30720
Phone: (706) 278-6558
Municipal Courts
Dalton Municipal Court
300 West Waugh Street
Dalton, GA 30720
Phone: (706) 278-1913 Ext. 101
Fax: (706) 275-8946
Varnell Municipal Court
1025 Tunnel Hill Varnell Road
Dalton, GA 30720
Phone: (706) 694-8800
Cohutta Municipal Court
5102 Red Clay Road
Cohutta, GA 30710
Phone: (706) 694-3330
Criminal Records Access in Whitfield County
A complete criminal history record documents a person's interactions with law enforcement agencies, detention facilities, and courts. People can contact custodians, such as clerks of the superior and magistrate courts, the Sheriff's Office, and local police departments, to obtain these records.
For example, the Sheriff's Office publishes details of recent arrests on its third-party provider's website, showing names of arrestees, arrest dates, and alleged offenses. People can also order arrest reports, which contain more details about arrest incidents, from police agencies.
The Georgia Bureau of Investigation, through its Criminal History Record services, provides complete criminal history background checks to members of the public and qualifying entities.
According to GBI, the record contains the subject's identification information (name, Social Security number, birth date, height, etc.), arrest details (charges, date of arrest, arresting agency), and court case disposition transmitted by the court. The record also features information from prosecutors and, if the person served prison time, custodial details, such as the name of the prison and release information.
The public has access to the Georgia Felon Search, which is reserved for felony conviction records. The service runs on a website maintained by the Georgia Technology Authority and costs $15 per search.
Parties looking to run traditional Criminal History Record checks using the fingerprint method must be qualified or obtain the subject's written consent.
Whitfield County Probate Records
Case records from the Whitfield County Probate Court originate from legal proceedings designed to administer the estates of deceased and incapacitated persons, set up guardianships of minors, and facilitate the involuntary evaluation of adults.
These records are managed by the Probate Court, which publishes publicly available documents online. People looking up these records can review details and documents, such as names of appointed executors and representatives, dates of death, wills, notices to debtors and beneficiaries, petitions to probate wills, and beneficiary names.
Members of the public can view documents on the county-hosted website, which include images of historical probate filings. The court also provides a case search system through a third-party vendor that allows members of the public to search for probate cases filedin 2018 by name, date of death, and filing date.
The search tool displays the dates of the decedent's passing, case parties and their relationships to the decedent, and images of case documents.
However, documents related to minors and mental health reports may not be available to the public, as they are protected under Georgia law, such as O.C.G.A. §§ 50-18-72 and O.C.G.A. §§ 37-3-166.
Whitfield County Family Court Records
The Whitfield Superior Court handles family law cases, such as divorce, adoption, child support, child custody and visitation, parental rights, and spousal support. Records arising from these proceedings are maintained by the Clerk of the Superior Court, and the public can contact the office for details on access.
While the clerk will welcome inquiries about in-person access and request options, requests for nonpublic information, such as records exposing details about minors, may be denied.
Federal Court Records in Whitfield County
In federal cases, Whitfield County falls under the Rome division of the U.S. District Court for the Northern District of Georgia. Records created in this court relate to qualifying disputes between citizens of different states, legal challenges in which the federal government is a petitioner or respondent, and federal criminal matters.
Obtaining these records involves using resources provided by the federal judiciary, such as PACER and courthouse public terminals. PACER, which is short for Public Access to Court Electronic Records, allows registered users to access court documents and recordings for a fee. Viewing a document costs 10 cents each, up to a $3 maximum fee, and each audio recording costs $2.40. One can refer to PACER's pricing page for more details about its fees, including waivers and extra charges.
Free public terminals at the Rome courthouse allow the public to view the same case files and details available on PACER. Additionally, members of the public can approach the court to purchase copies of case documents and audio recordings.
