Criminal Matters Frequently Asked Questions (FAQ)

  • Will the Clerk’s Office tell me if there is an outstanding warrant for my arrest?
    No. If you think that there is an outstanding warrant for your arrest, you should contact the DeKalb County Sheriff’s Office at 404-298-8200.

  • How do I apply for a criminal arrest warrant?
    As a private citizen, you may apply for the issuance of a criminal arrest warrant, however, an investigation by the appropriate police department may be required before a warrant is issued for a felony offense. You can do so in person at Magistrate Court Criminal Division, 3630 Camp Circle, in Decatur. More information about warrants and applying can be found on the warrants page.

  • How do I get my cash bond money?
    A cash bond may be refunded only after a case is completed and all paperwork signed. Any cash bonds that were posted at the DeKalb County Jail will be refunded by the Sheriffs Office located on Floor B of the Judicial Tower at the DeKalb County Courthouse. Cash bond money may be refunded only to the person who posted the bond and whose name appears on the bond receipt upon presentation of appropriate documents to verify identity.

  • Where can I get a copy of a case disposition?
    For a misdemeanor case, you will request the disposition from the State Court clerk’s office. For felony cases, please make your request with the Superior Court clerk’s office. The clerk’s office of the State Court retains original misdemeanor case files for the last three (3) years on-site. Superior Court retains rerecords on site for the last five (5) years. Upon request, the clerk will make a certified copy of the case disposition. There is a fee for this certified copy. Older files stored offsite must be ordered from the county’s records retention center. Once a request has been made it takes (3) three to (10) ten days for the file to be delivered to the clerk’s office.

  • How do I get my record expunged?
    The Clerk’s office is not allowed to give legal advice on how to have a record expunged. You may make inquiries of the prosecuting agency (the Solicitor-General’s office in State Court case) or the original arresting agency about the expungement of arrest records. There are other legal remedies. Please seek the advice of an attorney. Generally, a defendant or the attorney is expected to contact the assistant solicitor (or his or her staff) to inform them of the request for a continuance and the reason for it and to find out whether they will be opposed to the continuance before the matter is presented to the judge. Requests for continuance are generally presented in writing, if time permits, or by contacting the judge’s secretary. Unless you are informed by the judge’s staff that a continuance has been allowed, you must appear. Failure to appear may lead to revocation of any bond and the issuance of a bench warrant for your arrest and incarceration pending trial.

  • Where can I get a police report?
    The police agency that takes the report has a records department from which you would get a copy.

  • Why do I have to speak to a detective first?
    An investigation by the appropriate police department is required before a warrant is issued for a felony offense.

  • How do I know if the defendant has a bond?
    You can call the DeKalb Magistrate Court Criminal Division at 404-294-2150.

  • How do I drop the charges?
    Generally, once a warrant is issued the warrant will not be dismissed before a review by the prosecuting attorney’s office.

  • Why do I have to come to court for an application hearing? Why won’t the judge issue the warrant now?
    In most cases, Georgia law requires the court to schedule a hearing when an application is made for a warrant by a person other than an officer. The hearing is to determine if there is enough evidence to issue a warrant for that person’s arrest.

  • I’m the victim. Why do I have to pay for a warrant?
    You do not pay for a warrant. The payment is the application fee for a warrant and the cost is in no way based upon whether or not a warrant is issued.

  • Do I need witnesses for my application hearing?
    You can have witnesses at your warrant application hearing if you feel their testimony will help you prove your case.