Are Suffolk County Records Public?

Yes. N.Y. Pub. Off. Law §§ 86(3)-87 (New York Freedom of Information law) commands public agencies to provide access to members of the public who request records generated and collected during official government operations. According to the law, an agency is any office or entity, apart from the state legislature or judiciary, that performs functions approved by law for state and local governments. Examples of these agencies include the County Clerk, Sheriff's Office, Suffolk County Police Department, and the comptroller's office, among others. These agencies are allowed by the FOIL to establish specific rules regarding how members of the public can submit requests, where records can be viewed, and the fees required to reproduce publicly available documents.

While Suffolk County court records are not subject to the FOIL, Chapter 255 of the New York judiciary law allows access to files and information generated and filed during various case proceedings.

Other state and federal laws also govern access to Suffolk County records. These laws include N.Y. Pub. Off. Law §§ 91-98 (the New York Privacy Protection Law) and the U.S. Freedom of Information Act (FOIA).

What is Exempted Under the New York Public Records Act?

Laws governing access to public records exempt certain information to protect people's right to privacy, prevent undue disclosure of sensitive information that can be used to harm private organizations, and safeguard critical internal proceedings conducted by public bodies. When public records contain protected information, record custodians are permitted to redact these details before fulfilling public records requests.

Examples of protected records include:

• Sealed and expunged records
• Juvenile court records
• Birth and death records
• Private personal information like passport, social security, employee ID, driver’s license, and state ID numbers
• Information that may identify members of a jury or grand jury
• Most medical records
• Information about internal employee appraisal within most government agencies
• Drafts and notes used by judges when researching and deliberating judicial decisions and rulings
• Active grand jury proceedings
• Active criminal investigations
• Witnesses under court protection
• Details about victims of certain crimes

Individuals and organizations can access certain restricted records if they are permitted by law, are the subject of the record, and have court orders allowing them to view or reproduce specific records.

Suffolk County Public Record Search

The following are the recommended steps for finding Suffolk County public records:

• Identify the record: Knowing the type of record one wants to obtain or inspect will help searchers identify the public agency to approach, confirm the requirements for the request, assess how long it will take to obtain or view the record, and confirm whether fees will be required.
• Contact the custodian: Individuals can visit the websites of elected officials and county agencies that maintain the records they seek to understand viewing, inspection, and request methods. These options generally include online searches, mail-in requests, telephone inquiries, and in-person inspections and requests. Government websites also detail the type of information required to perform searches, office hours, and fees for copying, certifying, and mailing documents. For example, the County Clerk’s office provides different fee schedules on its websites and offers detailed instructions for requesting plain and certified copies of public documents.
• Determine the best option: The best record request or inspection option depends on the reasons for the search. For example, calling the Sheriff’s warrant line at (631) 852-5617 is the fastest way to confirm whether a warrant has been issued for a person’s arrest. People who need documents for legal purposes may be required to request certified copies. Also, online case searches are sufficient if individuals only want to confirm court dates.
• Prepare and submit requests: After confirming and reviewing request processes and requirements, one can prepare the information needed to submit the request. For example, copies of identification documents may be required when requesting death and birth records. In many cases, one may have to research case details before submitting requests for copies of case files. Providing case numbers, file dates, and case party names can increase the likelihood of locating and receiving the documents faster. For example, one can use the name search options in the WebCivil Local, WebCivil Supreme, and WebCriminal portals to find details about cases before writing and submitting requests.

It should be noted that certain records can be viewed and obtained at the Town/City level. For example, people looking for Islip property assessment records can approach the Town Assessor’s office. Other records that can be obtained at the town or village level include vital records, copies of marriage licenses, and tax information.

Find Public Records For Free in Suffolk County

Members of the public can also view public records from non-official sources. These are mostly third-party aggregate websites that pool data from various public agencies and make the records available on one site. These platforms are useful to individuals who want to perform free name searches without going through different government websites. However, it is crucial that intending users utilize official resources to verify and authenticate data retrieved from third-party sites.

How to Remove Information From Public Records Free

Members of the public can apply to remove certain records from public systems under various New York laws. CPL § 160 allows former arrestees and convicted persons to seal their criminal records. This process removes a person's name from public background searches conducted during employment and rental processes. However, law enforcement officials can still retrieve these sealed records when conducting investigations and other criminal justice matters.

Only people who meet specific statutory requirements are eligible for the sealing process. These include people who were never convicted, individuals assigned youthful offender status, and persons convicted of certain crimes that meet other criteria.

If a person was acquitted, had their case dismissed, or was never charged, their records will be automatically sealed for free. However, people who were convicted or do not meet the criteria for automatic sealing may have to pay associated court and filing fees. Individuals can find more information on the New York Judiciary’s Sealed Criminal Records webpage.

For other types of records, one can ask the custodian agency how to remove records.

Who Can Access Suffolk County Public Records in New York?

Anyone can access public information pursuant to the New York Freedom of Information Law and other statutes and rules that govern access to government and court records. However, certain records are only accessible to specific individuals authorized by law. Examples of such records include birth certificates, which can only be obtained by the record subject, the parents of the subject named on the record, representatives of named individuals, and entities with New York court orders.

What Happens if I Am Refused a Public Records Request?

Record custodians can deny requests exempted under the New York FOIL and other state and federal statutes. However, requests can also be denied if the requester fails to provide the required identification, information to perform the search, and fees for reproducing or certifying documents.

Per N.Y. Pub. Off. Law §§ 89(3)(a), public agencies are required to communicate the rejection no later than five business days. If more time is needed, the agency must also inform the requester and indicate when the record search can be fulfilled.

Be that as it may, individuals who disagree with an agency's decision to deny their requests can appeal the denial with the head of the agency. The appeal must be filed within 30 days, starting from when they receive notice of the rejection. The appeal process, according to N.Y. Pub. Off. Law §§ 89(4)(a), should be resolved in no more than 10 days. If the agency head agrees with the denial, the individual can file a lawsuit under N.Y. CPLR art. 78 §§ 7804 with the Suffolk County Supreme Court.