Which 2007 Georgia misdemeanors did the Attorney General designate as fingerprintable offenses?

Plain-English summary

The Deputy Director of the Georgia Crime Information Center (GCIC) sent the Attorney General a list of new misdemeanor offenses the General Assembly enacted in the 2007 session, asking which ones should trigger fingerprinting at the time of arrest. Under O.C.G.A. § 35-3-33(a)(1)(A)(v), the Attorney General has authority to designate offenses, beyond those listed in the statute, for which charged persons are to be fingerprinted.

The AG reviewed six offenses and designated two of them. Both designated offenses related to notarial misconduct under O.C.G.A. § 45-17-20: subsection (a) for false notarial certificates with intent to deceive or defraud, and subsection (b) for graduated penalties for performing notarial services without complying with the statute. Four offenses were not designated: confidentiality breaches by Court Appointed Special Advocates (§ 15-11-9.1(h)(2)), used-vehicle display/parking restrictions (§ 40-2-39.1(g)), inmate possession of victim photographs (§ 42-5-65(d), already covered because confined persons are fingerprinted upon entry to prison), and tax commissioner conflicts of interest (§ 48-4-23(b)).

Currency note

This opinion was issued in 2008. 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.

Common questions

Q: What does it mean to be a "fingerprintable" offense in Georgia?
A: Georgia's Crime Information Act requires fingerprinting at the time of arrest for felonies and for misdemeanors specifically designated by the General Assembly or by the Attorney General under O.C.G.A. § 35-3-33(a). The fingerprints are filed with GCIC and become part of the offender's criminal history record. Without designation, an arrest for a misdemeanor will not appear in the central database, which can affect later enhanced sentencing and background checks.

Q: Why did the AG designate the notary offenses but not the CASA offense?
A: The opinion does not give a detailed rationale for each call. The pattern across these annual updates is that offenses involving fraud, identity-related conduct, or repeat-offense felony enhancements tend to get designated, while purely regulatory or registration-style misdemeanors often do not. False notarial certificates and unlicensed notarial work both have a fraud or deception element that fits the pattern of designated offenses.

Q: Why was the inmate-photograph offense (§ 42-5-65(d)) not designated?
A: The AG explained that O.C.G.A. § 35-3-33(1)(c) already requires fingerprinting of anyone confined in a prison, penitentiary, or other penal institution. Since this offense can only be committed by an already-incarcerated person, that person was already fingerprinted on the way in. Designating the offense again would add nothing. The opinion cites two earlier versions of this same logic from 1987 and 1999 AG opinions.

Q: What does CASA mean here?
A: Court Appointed Special Advocate. These are volunteers (typically non-lawyers) appointed by juvenile courts in dependency cases to represent the best interests of children. O.C.G.A. § 15-11-9.1(h)(2) made it a misdemeanor for a CASA to disclose confidential information obtained during the appointment.

Q: Did the tax commissioner offense involve actual corruption?
A: O.C.G.A. § 48-4-23(b) made it a misdemeanor for a county tax commissioner or a tax commissioner's employee to acquire an interest in real property sold at the county's own delinquent tax auctions. The opinion did not designate this as fingerprintable, suggesting the AG saw it as a regulatory conflict-of-interest provision rather than a fraud offense requiring inclusion in the criminal history database.

Background and statutory framework

Each year the GCIC compiles a list of newly enacted misdemeanors and asks the Attorney General to decide which ones the office wishes to designate as fingerprintable under O.C.G.A. § 35-3-33(a)(1)(A)(v). The result is an annual administrative opinion that updates the GCIC system. These opinions are not high-stakes legal analysis; they are operational. They tell GCIC, county sheriffs, and police departments which offenses require fingerprint capture at arrest and reporting to the central crime database.

The statutory framework is in O.C.G.A. § 35-3-33(a)(1). The first three categories (felonies, fugitives, and persons confined in prisons) are mandatory by statute. The fourth category is whatever offenses the Attorney General has designated. The annual update opinions populate that fourth category.

The 2008-1 opinion is the second of these annual updates the office issued during this period (the prior year's was 2007 Op. Att'y Gen. 2007 covering 2006 misdemeanors). The pattern of designating notary fraud while declining to designate regulatory restrictions remains consistent across the series.

Citations and references

Statutes:
- O.C.G.A. § 35-3-33(a)(1)(A)(v), AG authority to designate fingerprintable offenses
- O.C.G.A. § 35-3-33(1)(c), fingerprinting of persons confined in prisons
- O.C.G.A. § 15-11-9.1(h)(2), CASA confidentiality breaches (NOT designated)
- O.C.G.A. § 40-2-39.1(g), used-vehicle display/parking restrictions (NOT designated)
- O.C.G.A. § 42-5-65(d), inmate possession of victim photographs (NOT designated)
- O.C.G.A. § 45-17-20(a), false notarial certificates (DESIGNATED)
- O.C.G.A. § 45-17-20(b), graduated penalties for unlicensed notarial work (DESIGNATED)
- O.C.G.A. § 48-4-23(b): tax commissioner conflicts on delinquent tax sales (NOT designated)

Prior AG opinions:
- 1999 Op. Att'y Gen. 99-17, inmates already fingerprinted on confinement
- 1987 Op. Att'y Gen. 87-21: same principle applied earlier

Source

• Landing page: https://law.georgia.gov/opinions/2008-1
• Original PDF: not linked from landing page

Original opinion text

You have requested my opinion on whether any of the following misdemeanor offenses enacted during the 2007 Session of the General Assembly should be designated as offenses for which persons charged with violations are to be fingerprinted. Additionally, you have identified one statute that has not been previously addressed. Those offenses include: O.C.G.A. § 15-11-9.1(h)(2) (definitions; role and responsibilities of Court Appointed Special Advocate); O.C.G.A. § 40-2-39.1(g) (restrictions on sale or advertising of used motor vehicles displayed or parked); O.C.G.A. § 42-5-65(d) (victim photographs prohibited); O.C.G.A. § 45-17-20(b) (notaries public); O.C.G.A. § 45-17-20(a) (notaries public); and O.C.G.A. § 48-4-23(b) (restrictions on county tax commissioners and their employees regarding purchasing properties). In addition to the list of fingerprintable offenses mandated by statute, O.C.G.A. § 35-3-33(a)(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. § 15-11-9.1(h)(2). That Code section provides that it shall be a misdemeanor for any Court Appointed Special Advocate to disclose confidential information obtained during the course of his or her appointment. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted. The second misdemeanor offense is O.C.G.A. § 40-2-39.1(g). That Code section places restrictions upon the number of used motor vehicles that can be displayed or parked upon a property. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted. The third misdemeanor offense is O.C.G.A. § 42-5-65(d). That Code section provides that an inmate who is serving a sentence for a violation relating to crimes against the person shall be prohibited from possessing a photograph or other depiction of the victim of the offense for which the inmate is currently incarcerated where this photograph was part of the investigation or prosecution that led to the inmate's conviction. Inmates incarcerated for sexual offenses are prohibited from possessing any photographs or depictions of victims. This office has previously opined as to other offenses by inmates that since O.C.G.A. § 35-3-33(1)(c) requires that persons confined in any prison, penitentiary, or other penal institution are to be fingerprinted, it is unnecessary to designate such offenses as ones which require fingerprinting because offenders would have already been subject to fingerprinting upon confinement in the prison. See 1999 Op. Att'y Gen. 99-17; 1987 Op. Att'y Gen. 87-21. Accordingly, I am not, at this time, designating this offense as one for which those charged are to be fingerprinted. The fourth misdemeanor offense is O.C.G.A. § 45-17-20(b). That Code section provides graduated penalties for persons who perform notarial services without complying with the provisions of the article. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 45-17-20(b) as offenses for which those charged are to be fingerprinted. The fifth misdemeanor offense is O.C.G.A. § 45-17-20(a). That Code section provides that it shall be a misdemeanor to execute a notarial certificate containing a statement known by the notary to be false and to perform any action with an intent to deceive or defraud. I hereby designate any misdemeanor offenses arising under O.C.G.A. § 45-17-20(a) as offenses for which those charged are to be fingerprinted. The sixth misdemeanor offense is O.C.G.A. § 48-4-23(b). That Code section provides that it shall be a misdemeanor for a tax commissioner or any person employed by the office of the tax commissioner working on behalf of the tax commissioner to acquire an interest in real property sold at public auction by the county for which such commissioner or employee serves for delinquent taxes. An offense arising from a violation of this Code section does not, at this time, appear to be an offense for which fingerprinting is required and I am not, at this time, designating this offense as one for which those charged are to be fingerprinted. 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: DESTINY C. SMITH Assistant Attorney General