Are New York County Records Public?

Yes. Any member of the public has the right to view and obtain copies of records generated in New York County under the New York State Freedom of Information Law (FOIL), codified in N.Y. Pub. Off. Law §§ 84-90. The FOIL affirms the public's fundamental right to access information and records created by governmental entities. It also empowers public agencies to promulgate rules and regulations in compliance with state statutes that govern how information is requested, accessed, and obtained. These regulations will cover procedures like where one can visit to request records and how much they are required to pay for copies of documents.

However, the FOIL explicitly excludes the judiciary from its definition of a public agency (see § 86), and thus, it is not subject to the FOIL’s disclosure requirements. Sections 255 and 300 of the New York Judiciary Law govern public access to New York County court records and other documents generated during court proceedings.

New York County records are also subject to other state statutes, such as the Personal Privacy Protection Law (N.Y. Pub. Off. Law §§ 91-98), which covers the management of personal information maintained by government agencies.

What is Exempted Under the New York Public Records Act?

The New York FOIL, Judiciary Law, Personal Privacy Protection Law, and other state and federal regulations prevent public access to specific records. These records are generally restricted to protect sensitive personal information, investigation details, and other data that may cause harm to record subjects or the general public when released. The following are examples of exempt records in New York County:

• Medical records, employee identification numbers, social security numbers, financial information, and passport numbers
• Trade secrets, which may harm the competitive advantage of commercial organizations when released
• Investigation records, the release of which may reveal police techniques, the identity of confidential informants, or derail criminal justice processes
• Juvenile arrest and criminal records
• Certain family court records, such as details from child support and visitation proceedings
• Sealed court records

Restricted records are only accessible to parties with explicit statutory authorization. For example, N.Y. Pub. Off. Law § 95 commands public agencies to respect the requests of record subjects who intend to view their personal information or documents. Police agencies and court officials can also view sealed criminal case records when performing official duties.

New York County Public Records Search

New York County is better known as the borough of Manhattan, one of the five boroughs integrated into the New York City government. The city government handles traditional county-level businesses and maintains the records generated during these official functions. Thus, individuals looking for most public records, such as vital records, property data, and inmate records, can approach the appropriate department or office at the city level. However, various New York County offices, such as the New York County Supreme Court, also maintain public records.

The type of record one wants to view or purchase must be identified to know the specific department to contact. For example, the New York City Health Department provides vital records like death and birth certificates. Property records can be obtained from the City Register Office in Manhattan using its ACRIS (Automated City Register Information System), by phone at (212) 639-9675, or in person at the Manhattan Business Center. Meanwhile, the New York City Department of Corrections dispenses information about people in custody.

Intending requesters can visit the relevant office's website to gather pertinent information, such as the details required to obtain records, which facility to visit, the specific record formats available, and relevant fees.

For example, one can view details of case proceedings online for free, but they may need to pay fees to order copies of case documents or certify case records. At the same time, various agencies subject to the New York FOIL allow members of the public to submit FOIL requests online, in person, or by mail. One can visit the City Agency Record or FOIL Request webpage to view details for different offices.

Find Public Records For Free in New York County

Finding New York County records is not limited to using resources from county and city departments. One can also visit websites operated by third-party vendors to view various public records. Although these websites are not official sources, they contain publicly available information gathered from multiple city and county offices. Using these independent platforms allows users to research records from various agencies in one place. That means one may search for arrest, property, and other public records without visiting different government agencies or repositories separately.

Intending users must note that websites run by private businesses cannot guarantee the authenticity and correctness of the information they provide since public agencies own these records. As a result, it is advisable to verify these records through official sources.

How to Remove Information From Public Records Free

Certain New York laws permit the restriction of specific records to prevent public access. A practical example is the process of sealing certain criminal records under CPL § 160. In such instances, individuals who meet various requirements under the law can ask courts to seal their offender records. These requirements include waiting for a specific period after serving a sentence, not having more than two convictions, and not being convicted of certain serious crimes. However, some records, such as those outlined under CPL § 160.57, can be automatically sealed without the subject submitting any application.

While sealing criminal records removes the information from public background search results, law enforcement agencies can access these records for criminal justice purposes. Expungement, on the other hand, such as the relief granted by the Marijuana Regulation and Taxation Act, can permanently delete people's records from public systems.

Apart from criminal records, individuals can submit motions with courts within the county to seal information that may be considered injurious to a person when released. Furthermore, one can contact a record custodian to inquire about sealing or removing personal records in the custodian's possession per Section 95 of the Personal Privacy Protection Law.

Who Can Access New York County Public Records in New York?

New York’s Freedom of Information and Judiciary Laws allow every member of the public to access records designated as public information.

However, restricted or confidential records are only accessible to people explicitly permitted by state or federal statutes. Parties to confidential cases like adoption and parental rights matters and their representatives can retrieve information if they provide adequate identification. Record subjects can also access sensitive personal information held by government agencies.

What Happens if I Am Refused a Public Records Request?

N.Y. Pub. Off. Law § 89(3)(a) requires agencies to deny or grant access to public records requests in part or whole within five business days of receiving a request. If more time is needed, they must communicate with the requester and indicate when their requests can be practically processed. Failure to comply with the law's provision constitutes a denial.

An agency can legally deny requests for documents protected by the FOIL and other relevant laws. Requests can also be rejected if the inquirer does not provide the required details to perform a search or fails to pay the fees established by law to access copies of case documents.

Anyone who believes their request was wrongfully denied can appeal to the head of the agency within 30 days, according to N.Y. Pub. Off. Law § 89(4)(a). The agency's governing body will respond to the request within 10 business days. Further, CPLR, Article 78 contains guidelines for petitioning the Supreme Court if the appeal is unsuccessful.