New York Public Records

New York citizens and residents have almost unrestricted access to their government through New York public records. These records include materials and information created from government-related processes.

The New York Freedom of Information Law (FOIL) ensures the right of state residents to search, request, or receive publicly available documents from official custodians. This law promotes public participation in government activities and aids public welfare.

State residents can use New York public records to facilitate legal and business processes. The records also help make informed public policy decisions within various jurisdictions.

Are New York Records Public?

Yes. Most New York public records are publicly accessible to state residents under the New York Freedom of Information Law (NY Pub Off L § 84 - 90). However, documents, materials, and information restricted by the Act, other federal and state regulations, and court rules are withheld from members of the public. Hence, state agencies can deny Public Records Act requests provided the requested documents are protected under law. Restricted records typically include sensitive personal information, trade secrets, financial information, juvenile criminal information, privileged communication between professionals such as doctors, lawyers, and their clients, and pre-decision judicial documents.

Note that the New York judiciary is not subject to the FOIL. Notwithstanding, the body adopts the public access principle. It creates its own rules regarding access to court records. Under these regulations, case records or case information are typically open to the public unless explicitly restricted by law or court rule.

While some information may be exempt from public access under the FOIL, it cannot be used as a reason to deny other publicly available records. Instead, government agencies can redact sensitive or prohibited information when presenting documents for public viewing or reproduction.

New York Public Records Act

The New York Freedom of Information Law (FOIL) was enacted in 1974 to maintain governmental accountability and keep citizens informed about government actions.

The FOIL defines what constitutes a public record and what public bodies are subject to the legislation. According to the law, public records encompass forms, letters, reports, memoranda, opinions, rules, regulations, codes, statements, examinations, designs, and manuals. They also include photos, drawings, files, folders, books, papers, microfilms, computer tapes or discs, pamphlets, and other materials capable of holding information and maintained in relation to a public body's official responsibilities.

Each public agency in New York is tasked with making rules that govern its records request processes, maintaining a list containing every record in its possession, and providing information about the FOIL requests process on its website, including contact information.

The FOIL also outlines other guidelines for public records requests, such as:

• The process for determining the costs for copying or certifying records (NY Pub Off L § 87).
• The duration for responding to records requests (NY Pub Off L § 89).
• How requesters can appeal denied requests (NY Pub Off L § 89).

How Do I Find Public Records in New York?

Inquirers may follow these steps to find public records in New York:

**Step 1: Determine the type of record needed and its availability **

The specific record being sought determines the rest of the process for both local and nationwide searches. This information helps inquirers confirm the record custodian, availability, and accessible format.

Step 2: Contact the Record Custodian

Upon contacting a record custodian, inquirers can confirm whether a record is available and in what format. Some documents and materials that qualify as public records may have been destroyed or lost because they are too old. They may also only exist in a specific format, such as microfilm.

The record custodian will also supply specifics about the request process, including:

• Information needed to facilitate the search (e.g., case number, page information, birth date, judicial district, etc.)
• How long it will take to retrieve the information
• How the requested records will be delivered (for mail or phone requests)

Most of these details are typically available on the agency's website, but requesters can contact the office via mail, telephone, or in person to gather information.

Step 3: Pay the Fee

Most agencies charge inquirers a fee to process public record requests. While the FOIL imposes a fee limit for specific paper copies, it allows record custodians to determine the cost of other reproduction services.

Requesters may confirm the fee structure from an agency before placing their requests. They may also verify the office's preferred means of payment, as they vary by custodian.

Find New York Public Records Free

Inquirers may obtain New York public records for free if the custodial agency does not charge for processing public record requests. Some agencies only require persons to pay a fee when copying or certifying copies of official documents. Requesters will also be required to cover the cost of receiving the record through mail.

Most agencies provide online resources where members of the public can view publicly accessible records without charge.

Examples of these resources include:

• The Department of State's Corporation and Business Entity Database for verifying registered businesses in the state.
• The Department of Corrections and Community Supervision's Incarcerated Lookup portal for finding inmates in state prisons.
• The Department of Motor Vehicles online vehicle title or lien status search for verifying vehicle ownership.
• County government websites where individuals can initiate property, inmate, and court records searches.

What Happens if I Am Refused a Public Records Request?

NY Pub Off L § 89(4a) permits individuals whose requests have been denied to appeal the decision to the head of the agency that denied their request. They must file their appeal in writing within 30 days.

The head of the organization, or someone designated by the head, must respond to the appeal within 10 days. The official must further explain why the request was denied and if they uphold the agency's initial decision to reject the request.

If the requester is unsatisfied, they can ask a civil court to review the matter. In such circumstances, it will fall on the agency to prove that they acted according to state law. The court can order the agency to cover the requester's legal fees if it finds that the agency lacks reasonable grounds to deny the Public Records Act request.

How Long Does It Take to Obtain a New York Public Record?

NY Pub Off L § 89(4a) mandates every agency to respond to inquirers within 5 days of receiving their written requests. The response may be to deny the request, furnish requesters with the records, or notify them that the documents will be available at a later date.

Record custodians must notify the requester if they cannot process a request within 20 days of receipt. The notification must contain a concrete reason for their inability to provide the documents and a reasonable date when they can deliver.