Which of the seventeen new misdemeanors created by Georgia's 2002 General Assembly will trigger fingerprinting of the arrestee under Georgia Crime Information Center procedures?

Plain-English summary

Each session, the General Assembly creates new misdemeanors. The default rule under Georgia law is that misdemeanors are not fingerprintable, but O.C.G.A. § 35-3-33(1)(A)(v) lets the Attorney General designate any other offense as one for which arrestees must be fingerprinted. The Deputy Director of the Georgia Crime Information Center sent a list of the seventeen new misdemeanors enacted during the 2002 session and asked the AG which ones to add to the fingerprintable list.

Attorney General Thurbert Baker designated eleven of the seventeen as fingerprintable and declined to designate the other six. The pattern reflects a fairly consistent line of reasoning: identity-document fraud, driver's-license fraud, certain consumer-protection-grade lending offenses, air-bag tampering, obstruction of litter enforcement, and trawler fishing-gear violations all warranted fingerprint records (typically because they support cross-referencing with other criminal records, identity matching, or because they sit alongside companion offenses already designated). Tax, parking, nitrous oxide, unsecured-load, professional licensing, and animal-disease reporting offenses did not.

Three months later, the AG re-issued this opinion as 2003 Op. Att'y Gen. 03-03 to add an eighteenth offense (driving with a suspended/canceled/revoked vehicle registration under O.C.G.A. § 40-6-15) and superseded this opinion in that respect. The 2003 update designated § 40-6-15 as fingerprintable; the rest of the designations carried over unchanged.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

In particular, this opinion was expressly superseded by 2003 Op. Att'y Gen. 03-03, which added O.C.G.A. § 40-6-15 to the fingerprintable list. Many of the underlying statutes have also been amended over the past two decades (the Georgia Fair Lending Act was largely rolled back in 2003, for example). Anyone trying to determine current GCIC fingerprintable designations should consult the most recent AG opinions and the current GCIC offense codes manual.

Common questions

Q: Why does it matter whether an offense is "fingerprintable"?
A: Because the Georgia Crime Information Act, O.C.G.A. § 35-3-33, requires law enforcement to take fingerprints from anyone charged with a fingerprintable offense and submit them to GCIC. That creates a centralized criminal history record. For non-fingerprintable misdemeanors, no GCIC record is created, so the offense will not show up in standard criminal background checks.

Q: How does the AG decide which misdemeanors should be fingerprintable?
A: The opinion does not articulate a formal test. The pattern is roughly: offenses that support cross-jurisdictional identity tracking (false IDs, lending of driver's licenses), offenses that come up in the course of criminal activity (false IDs are often part of larger fraud schemes), offenses serious enough to be of-a-kind with already-designated offenses, or offenses where prior misdemeanors in the same chapter were designated. Tax, parking, professional licensing, and reporting offenses were treated as unrelated to identification or criminal-history tracking and were left off.

Q: What's the practical effect of designating O.C.G.A. § 16-9-4 as fingerprintable?
A: Anyone arrested for possessing, using, or manufacturing a fake ID (or distributing or selling such a document) gets fingerprinted, and that arrest enters the GCIC system. Future background checks for employment, gun purchases, and licensing will pick it up.

Q: Why isn't the Georgia Fair Lending Act misdemeanor (§ 7-6A-8(B)) on the not-designated list, given that it's a regulatory offense?
A: The AG treated Title 7 violations as serious enough to warrant tracking, given the scope of the Fair Lending Act when it was enacted in 2002. Note that the underlying Fair Lending Act was substantially weakened in 2003 (HB 60).

Q: Was § 27-1-38 (trawler fishing gear) really worth fingerprinting?
A: The AG explained the choice on consistency grounds. He had already designated misdemeanors under §§ 27-1-3 through 27-1-39 as fingerprintable in 1995 Op. Att'y Gen. 95-15, so adding § 27-1-38 to that list kept the policy uniform across that chapter.

Q: What about driving with an unsecured load (§ 40-6-254)?
A: The AG had previously declined to fingerprint cargo-securement misdemeanors (1995 Op. Att'y Gen. 95-15) and stayed consistent. That offense is generally treated as a traffic infraction rather than a criminal-history-grade offense.

Background and statutory framework

Under O.C.G.A. § 35-3-33, GCIC operates Georgia's centralized criminal history records system. Subsection (1)(A) lists the categories of offenses for which fingerprints are mandatory, including all felonies and certain enumerated misdemeanors. Subsection (1)(A)(v) gives the Attorney General authority to designate "any other offense" for fingerprint reporting. By statute, the AG must review new misdemeanors as the General Assembly enacts them and decide which ones get added.

The opinion walks through the seventeen offenses in the order presented by the GCIC Deputy Director's request:

1. Innkeeper excise-tax misdemeanor (§ 48-13-58.1(b)(1)): not designated.
2. Possess/use false ID (§ 16-9-4(b)(1)): designated.
3. Manufacture/possess-with-intent to sell false ID (§ 16-9-4(b)(2)): designated.
4. Manufacture/distribute trademark-infringing ID (§ 16-9-4(b)(3)): designated.
5. Possess/use ID issued to another (§ 16-9-4(b)(6)): designated.
6. Lending driver's license or ID card (§ 40-5-125(a)): designated.
7. Lending disability ID card (§ 40-5-179(1)): designated.
8. Misrepresenting disability ID card (§ 40-5-179(2)): designated.
9. Unlawful tow from paid parking lot (§ 40-11-3.2): not designated.
10. Georgia Fair Lending Act violation (§ 7-6A, made misdemeanor under § 7-6A-8(B)): designated.
11. Air-bag substitution (§ 16-9-111): designated as misdemeanor of high and aggravated nature.
12. Obstruction of litter law enforcement (§ 16-7-43(g)): designated.
13. Nitrous-oxide-supplied passenger car (§ 40-8-10(a)): not designated.
14. Trawler fishing-gear violation (§ 27-1-38): designated, on consistency with 1995 Op. Att'y Gen. 95-15.
15. Unsecured-load misdemeanor (§ 40-6-254): not designated, on consistency with 1995 Op. Att'y Gen. 95-15.
16. Unlicensed orthotics/prosthetics practice (§ 43-34-198(b)): not designated.
17. Failure to report animal disease (§ 4-4-6): not designated.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33(1)(A)(v) (AG's designation authority)
- O.C.G.A. § 16-9-4 (false identification documents)
- O.C.G.A. § 40-5-125(a) (lending of driver's license / ID card)
- O.C.G.A. § 40-5-179 (disability ID card misuse)
- O.C.G.A. § 7-6A (Georgia Fair Lending Act); § 7-6A-8(B) (misdemeanor penalty)
- O.C.G.A. § 16-9-111 (air-bag substitution)
- O.C.G.A. § 16-7-43(g) (obstruction of litter law enforcement)
- O.C.G.A. § 27-1-38 (trawler fishing-gear violation)
- O.C.G.A. § 48-13-58.1(b)(1); § 40-11-3.2; § 40-8-10(a); § 40-6-254; § 43-34-198(b); § 4-4-6 (offenses not designated)

Other AG opinions:
- 1995 Op. Att'y Gen. 95-15 (consistency basis for designations of § 27-1-38 and non-designation of § 40-6-254)
- Superseded by 2003 Op. Att'y Gen. 03-03 (adding § 40-6-15 to the list)

Source

• Landing page: https://law.georgia.gov/opinions/2002-7
• Original PDF: not linked from landing page

Original opinion text

You have requested my opinion concerning whether any of the following seventeen misdemeanor offenses enacted during the 2002 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Those offenses include: O.C.G.A. § 48-13-58.1(b)(1)(innkeeper failure to pay excise tax); O.C.G.A. § 16-9-4(b)(1) (possession or use of false identification document); O.C.G.A. § 16-9-4(b)(2) (manufacture or possession of false identification document with intent to sell); O.C.G.A. § 16-9-4(b)(3) (manufacture or distribution of identification document containing a trademark without consent of owner); O.C.G.A. § 16-9-4(b)(6) (possession or use of identification card issued to another without permission); O.C.G.A. § 40-5-125(a) (lending drivers' license or identification card to another); O.C.G.A. § 40-5-179(1) (lending identification or permit for persons with disabilities to another); O.C.G.A. § 40-5-179(2) (unlawful display or representation of identification card for persons with disabilities); O.C.G.A.§ 40-11-3.2 (unlawful towing of vehicle from paid parking lot); O.C.G.A. § 7-6A (violation of Georgia Fair Lending Act); O.C.G.A. § 16-9-111 (unlawful installation of air bags); O.C.G.A. § 16-7-43(g) (obstruction of persons enforcing littering laws); O.C.G.A. § 40-8-10(a) (unlawful use of nitrous oxide); O.C.G.A. § 27-1-38 (unlawful possession of fishing gear on trawlers); O.C.G.A. § 40-6-254 (operating vehicle with unsecured load); O.C.G.A. § 43-34-198(b) (practicing orthotics or prosthetics without a license) and O.C.G.A. § 4-4-6 (failure to report animal diseases). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 35-3-33(1)(A)(v) provides that the Attorney General may designate any other offense as one for which those charged with violations are to be fingerprinted. The first misdemeanor offense is O.C.G.A. § 48-13-58.1(b)(1). That Code section provides that it shall be a misdemeanor for any innkeeper to fail to make a return and pay taxes due to any governing authority under Article 3 of Title 48 if the tax liability is $10,000.00 or less. An offense resulting from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. The second misdemeanor offense is O.C.G.A. § 16-9-4(b)(1). That Code section makes it a misdemeanor "to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document." I hereby designate offenses arising under O.C.G.A. § 16-9-4(b)(1) as offenses for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 16-9-4(b)(2). That Code section makes it a misdemeanor "to knowingly manufacture, alter, sell, distribute, deliver, possess with intent to sell, deliver, or distribute, or offer for sale, delivery or distribution a false identification document." I hereby designate offenses arising under O.C.G.A. § 16-9-4(b)(2) as offenses for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 16-9-4(b)(3). That Code section makes it a misdemeanor "to knowingly manufacture, alter, sell, distribute, deliver, possess with intent to sell, deliver, or distribute, or offer for sale delivery, or distribution any identification document containing the trademark or trade name of another without the written consent of the owner of the trademark or trade name." I hereby designate offenses arising under O.C.G.A. § 19-9-4(b)(3) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 16-9-4(b)(6). That Code section makes it a misdemeanor "to knowingly possess, display, or use an identification document issued to or on behalf of another person without the permission or consent of that person for a lawful purpose, unless the identification document is possessed, displayed, or used with the intent to restore it to the other person or government agency or other entity that issued the identification document to the person." I hereby designate offenses arising under O.C.G.A. § 16-9-4(b)(6) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 40-5-125(a). That Code section makes it a misdemeanor for any person to "[l]end his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person." I hereby designate offenses arising under O.C.G.A. § 40-5-125(a) as offenses for which those charged are to be fingerprinted. The seventh misdemeanor offense is O.C.G.A. § 40-5-179(1). That Code section makes it a misdemeanor for any person to "lend his or her identification card for persons with disabilities to any other person or knowingly to permit the use there by another." I hereby designate offenses arising under O.C.G.A. § 40-5-179(1) as offenses for which those charged are to be fingerprinted. The eighth misdemeanor offense is O.C.G.A. § 40-5-179(2). That Code section makes it a misdemeanor for any person to "display or represent as his or her own any identification card for persons with disabilities not issued to him or her." I hereby designate offenses arising under O.C.G.A. § 40-5-179(2) as offenses for which those charged are to be fingerprinted. The ninth misdemeanor offense is O.C.G.A. § 40-11-3.2. That Code section makes it a misdemeanor for the owner of a parking lot within 500 feet of an establishment that serves alcohol to tow a vehicle left in that lot between midnight and noon of the following day. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. The tenth misdemeanor offense is O.C.G.A. § 7-6A, violation of the Georgia Fair Lending Act, which regulates lenders and the terms of consumer loans. I hereby designate offenses arising under Chapter 6A of Title 7 and made punishable as misdemeanors under O.C.G.A. § 7-6A-8(B) as offenses for which those charged are to be fingerprinted. The eleventh misdemeanor offense is O.C.G.A. § 16-9-111. That Code section provides that "[a]ny person who installs or reinstalls any object in lieu of and other than an air bag which was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system shall be guilty of a misdemeanor of a high and aggravated nature." I hereby designate offenses arising under O.C.G.A. § 16-9-111 as offenses for which those charged are to be fingerprinted. The twelfth misdemeanor offense is O.C.G.A. § 16-7-43(g). That Code section makes it a misdemeanor to obstruct or resist any person in connection with that person's enforcement of O.C.G.A. § 16-7-43 or local littering ordinances, or to retaliate or discriminate against such a person as a reprisal for any act or omission of such person. I hereby designate offenses arising under O.C.G.A. § 16-7-43(g) as offenses for which those charged are to be fingerprinted. The thirteenth misdemeanor offense is O.C.G.A. § 40-8-10(a). That Code section makes it a misdemeanor to drive a passenger car that supplies the car's engine with nitrous oxide. An offense arising from a violation of this Code section does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. The fourteenth misdemeanor offense is O.C.G.A. § 27-1-38. That Code section provides that any violation of Title 27 or any rules relating to the possession or use of fishing gear on trawlers shall be a misdemeanor. I have previously designated misdemeanors arising under O.C.G.A. § 27-1-3 through O.C.G.A. § 27-1-39 as fingerprintable offenses. See 1995 Op. Att'y Gen. 95-15. Therefore, I hereby designate the violation of O.C.G.A. § 27-1-38 as an offense for which those charged are to be fingerprinted. The fifteenth misdemeanor offense is O.C.G.A. § 40-6-254. That Code section makes it a misdemeanor to operate any motor vehicle with an inadequately secured load. I have previously designated misdemeanor failure to secure a vehicle load an offense for which those charged are not to be fingerprinted. See 1995 Op. Att'y Gen. 95-15. Therefore, an offense arising under O.C.G.A. § 40-6-254 does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. The sixteenth misdemeanor offense is O.C.G.A. § 43-34-198(b). That Code section makes it a misdemeanor to practice orthotics or prosthetics without a license. An offense arising under O.C.G.A. § 43-34-198(b) does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. The seventeenth misdemeanor offense is O.C.G.A. § 4-4-6. That Code section makes it a misdemeanor to violate the state requirements concerning notice and reporting of animal diseases. An offense arising under O.C.G.A. § 4-4-6 does not appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one which requires fingerprinting. I trust that my revisions of the specific designations of those offenses for which persons charged with violations are to be fingerprinted will aid you in discharging your duties pursuant to the Georgia Crime Information Act. Prepared by: Katherine Durden Assistant Attorney General