Are Westchester County Records Public?

Yes, under the Freedom of Information Law (FOIL), as enshrined in Article 6, Sections 84-90 of the New York State Public Officers Law, the general public is legally entitled to inspect and copy records maintained by government agencies, with some exemptions. While access to records is generally presumed free, the FOIL allows agencies to charge a fee if a request requires copying a record.

Under this law, a "record" is any information kept, filed, held, produced, or reproduced by, for, or with an agency or the state legislature. The FOIL is binding on all governmental records regardless of physical form, including paper, photos, microfilm, computer tape, and discs. Permitted record request methods include but are not limited to fax, mail, and in-person. Some examples of the records covered under these (and related) statutes include Westchester county court records, vital records, property records and criminal records.

What is Exempted Under the New York Public Records Act?

Certain state and federal statutes exist to balance the people’s right to know with a need to protect the public’s interest. In doing so, a record’s custodial agency must determine, prior to fulfilling a public record request, that such disclosure does not pose a risk to the privacy or security of any persons or agencies mentioned therein. Section 87 of the Freedom of Information Law allows governmental agencies to deny access to public records or portions thereof that:

• Are exempted from disclosure by state or federal statute;
• Would result in an unwarranted invasion of personal privacy if disclosed;
• Contain trade secrets and could cause significant disadvantage to the competitive position of an enterprise if disclosed;
• Could endanger the life or safety of any person if disclosed;
• Contain intra-agency or inter-agency materials that are not external audits, agency policies, statistical or factual data, or information that does not affect the public;
• Jeopardizes the capacity of an entity or agency to protect state assets;
• Include juvenile criminal records;
• Cover investigative reports of child abuse;
• Contains social security numbers or other sensitive information.

Under the provisions of the Public Officers Law, a person may appeal a FOIL determination if their request was denied and they must do so within 30 days from when they received an agency’s denial response. They may first appeal to the head of the public agency or any entity designated by such head. As a final resort, in the event that the appeal is denied, a requester may appeal to the appellate division of the Supreme Court.

Westchester County Public Record Search

To perform a public record search, one must first identify the agency responsible for the specific kind of public record they are looking for—the Westchester County Clerk’s Office can assist with information regarding this. Once identified, look up the agency’s website for request guidelines. In many cases, agency websites feature record custodians’ contact information for inquiries.

A researcher should also gather as much relevant information about a record as possible, including dates, parties named in the sought-after record, and any unique identification/serial numbers assigned by the custodial agency. With these in place, an individual may then proceed to complete and submit the agency’s designated FOIL request form or, if available, utilize online options provided by the agency.

For efficient and effective record searches, one should consider the following:

• Agencies may take up to ten business days before sending a response or fulfilling a request
• The FOIL permits governmental bodies to charge fees for copies
• Vague or nonspecific requests are usually denied.

The Westchester County Clerk's Office offers both online and physical searches at its office and may furnish a researcher with any of the following records:

• Criminal and civil court records
• Deeds
• Mortgages
• Marriage records
• Business records.

Find Public Records For Free in Westchester County

Unless a researcher seeks to obtain personal copies, in-person record requests at an agency’s record custodian’s office during business hours are usually free. Third-party vendors also exist for this purpose and are reliable alternatives for statewide and multijurisdictional searches.

These vendors typically aggregate records from public agency databases and numerous other sources and publish them on their websites for free. However, users may have to pay a fee for full access to site features and complete records. Searches usually require the record subject’s name. Note that obtained records are not recommended for official usage, as third-party sites typically do not affiliate with any Westchester County public agency.

How to Remove Information From Public Records Free

While a person may successfully remove their records from public access, there is no guarantee that the process will be entirely free. To make a record private, the record’s subject needs to obtain an order from the court, which shall be presented to the public agency in custody of the record. However, such a person has the burden of presenting before the judge justifiable reasons that establish that sequestering such a record serves the greater public good than the people’s right to know. Note that the Westchester County Clerk may facilitate certain record removals without a court order.

NB: procedures and rules vary with the agency. For instance, removing a criminal record from public access is done through a process known as "sealing". Some criminal records automatically qualify for sealing without any action from their subjects, such as when a crime was committed by a youthful offender or a child. A person with no more than two misdemeanor convictions and who has been conviction-free for the past ten years may qualify for a record sealing.

After a public record has been made confidential, it may only be accessed by the individual to whom the record pertains, certain employers (for criminal records), and parties with authorization from the record’s subject or a court order.

Who Can Access Westchester County Public Records in New York?

Section 84 of the Freedom of Information Law maintains that "members of the public," irrespective of citizenship or residency, are entitled to Westchester County public records. A person shall only be denied access to a record if the requested record is exempt, sealed, or expunged. Otherwise, access to a record shall be restricted to record subjects and legally authorized entities if they contain confidential information, such as social security numbers, medical records, or juvenile records.

What Happens if I Am Refused a Public Records Request?

Common reasons for which an agency may deny access to records include failure of the requester to provide sufficient descriptive information about the sought-after record, inexistence of such record at the time of a request, and the concerned record being exempt from disclosure by state or federal statute. In some cases, a requester may query the wrong agency, likely leading to a failed request. A person whose record request was refused may appeal to the head of the agency in custody of the record.

Upon the receipt of such an appeal, the head is obligated to provide a written response within ten business days, specifying the reason for the denial or releasing the requested record. If not satisfied with the provided reasons on the grounds that such reasons are not legally justified, a requester may appeal to the appellate division of the Supreme Court. If the court determines that there was no reasonable basis for the denial, it shall assess against the involved agency litigation fees and attorney costs incurred by the requestor. It shall also issue an order commanding the agency to release the withheld records.