Are Erie County Records Public?

Yes. Various records maintained by Erie County agencies are accessible to the public under specific statutes and regulations—primarily the New York Freedom of Information Law (FOIL) codified in New York Public Officers Law § 84-90.

FOIL establishes the public's right to access government records, subject to certain exemptions. Under FOIL, a public record includes any information kept, filed, or produced by a government agency, regardless of format. This definition encompasses paper documents, emails, digital files, photographs, audio recordings, and other recorded data.

FOIL applies to all New York state and local government agencies, including Erie County departments, boards, commissions, and public authorities. However, it does not govern court records, which are subject to separate rules under New York Judiciary Law and case law precedents.

However, while FOIL may generally apply to county agency records, it does not govern access to court records. Instead, Erie County court records are governed separately under NY Judiciary Law § 255 and the NY Trial Court Rules (22 NYCRR § 216.1), establishing that court records are generally public unless sealed by statute or court order.

What is Exempted Under the New York Public Records Act?

FOIL, codified in New York Public Officers Law § 84-90, establishes the public’s right to access government records while outlining specific exemptions to protect sensitive information. Exemptions under FOIL ensure that disclosures do not compromise personal privacy, security, or governmental functions.

Below are examples of records under FOIL:

• Records specifically exempted by state or federal statute (e.g., medical records protected under HIPAA).
• Information that, if disclosed, would be an unwarranted invasion of personal privacy (e.g., Social Security numbers, medical history, or personnel files).
• When disclosure could interfere with law enforcement investigations or judicial proceedings (e.g., active criminal investigations, confidential informant identities).
• Files that reveal non-routine law enforcement techniques or endanger public safety (e.g., counterterrorism strategies, emergency response plans).
• Documents that contain trade secrets or confidential commercial information provided to a government agency (e.g., proprietary business data).
• Intra-agency or inter-agency materials that do not constitute final policy determinations (e.g., drafts, recommendations, or deliberative communications).

Erie County Public Record Search

To conduct a public records search in Erie County, a record seeker should first identify the type of record and the appropriate custodian agency. The county's official Online Records Public Search Site is the best starting point for records searches. This search portal enables lookups for real estate records, business certificates, judgments, liens, and court documents. Users can access thousands of indexed records by selecting the Advanced Search option or any other available suitable options. While document details can be viewed online, full images may require an in-person visit or an official request. Fees may apply for copies.

Parties seeking physical records can visit the records custodian to make requests. For instance, certified or plain copy requests to the County Clerk's Office can be made in person at:

92 Franklin Street
Buffalo, NY

Requests can also be done by mail using the request form. Requesters should note that search fees may apply, particularly for records without book and page numbers.

Requesters should keep the following in mind:

• FOIL does not require agencies to create or compile records that do not already exist.
• Requests must be specific and focused to facilitate timely responses and ensure relevant records are provided.
• Fees may apply for duplication, certification, or exemplification of records.
• Under FOIL, agencies must respond to requests within five business days, either by granting access, denying the request, or acknowledging receipt with an estimated timeframe for a decision.

Find Public Records For Free in Erie County

Erie County public records can be accessed for free by visiting the official custodian’s website or office during business hours. Agencies such as the County Clerk’s office provide online portals like Online Records Public Search Site, where the public can search for and obtain records at no cost. Individuals should visit the relevant office for records unavailable online and request access during designated hours.

Third-party websites also aggregate public records from various sources, offering a convenient alternative to direct government searches. Many allow free basic searches, though detailed reports or official copies typically require payment. However, third-party sources vary in accuracy and reliability. Some platforms fail to update databases regularly, leading to outdated or incomplete records. Others impose hidden fees or collect personal data, posing privacy risks. Additionally, unofficial records may lack legal validity, making them unsuitable for official use.

Individuals should verify details through the appropriate government agency for the most accurate and legally recognised records. Official sources ensure up-to-date information and carry the legal weight that third-party platforms may not provide.

How to Remove Information From Public Records Free

To remove information from a public record in Erie County, one may submit a request to the County Clerk’s Office or the relevant agency. Removal, however, depends on whether the information qualifies for redaction, withdrawal, sealing, or destruction under New York law. For example, CPL § 160.59 permits sealing for individuals with no more than two convictions (one felony) who have maintained a ten-year crime-free period. The request requires filing a motion with the sentencing court, including a Certificate of Disposition and supporting documents.

Petitioners should note that each agency enforces distinct regulations, so verifying procedures is essential. Individuals should contact the County Clerk's Office or the appropriate agency for specific directions about the process.

Who Can Access Erie County Public Records in New York?

Per the Public Officers Law § 84-90, any public member may access Erie County public records under the Freedom of Information Law (FOIL). A "member of the public" includes individuals, corporations, partnerships, firms, and associations but excludes government officials acting in an official capacity. Citizenship or residency is not required to request public records from county agencies.

What Happens if I Am Refused a Public Records Request?

The Public Officers Law § 84-90 grants the public the right to access records maintained by Erie County agencies. Agencies must conduct a reasonable search and assist in refining unclear requests.

However, a request may be denied in the following situations:

• When the request is too vague or fails to describe the specific record sought.
• When the request is submitted to the wrong agency. Only the record’s custodian can fulfill FOIL requests.
• When the requested record is exempt under the FOIL, which protects documents involving law enforcement investigations, sealed court records, confidential communications, or personal privacy concerns.

Individuals who believe their request was wrongfully denied may file an appeal within 30 days with the appropriate FOIL Appeals Officer. If the appeal is denied, the requester may initiate an Article 78 proceeding in the New York Supreme Court to seek judicial review. If successful, the court may order the release of records and award reasonable attorney's fees if the agency lacked a legal basis for the denial.