New York Court Records

The New York State Court System comprises multiple levels of courts with distinct jurisdictions and responsibilities. Broadly, the system consists of trial courts, intermediate appellate courts, and the highest court - the New York Court of Appeals. Together, these courts handle over 1.7 million cases annually in promoting the rule of law and serving the public by providing timely and just resolution of legal matters.

At the top of the hierarchy is the New York Court of Appeals, the state's highest appellate court. This court primarily hears appeals on legal and constitutional issues, reviewing decisions made by lower courts.

The Appellate Division of the Supreme Court is the intermediate appellate court, divided into four judicial departments. It reviews decisions from trial courts, including those from the Supreme Court, Family Court, and County Courts. This court hears appeals on civil and criminal matters, overseeing procedural and legal errors from lower courts.

The New York Supreme Court is the highest trial-level court in the state. It has general jurisdiction over civil and criminal cases. Each county in New York has a Supreme Court branch, making it the primary trial court for significant legal matters. Other courts in the court system in the state include the family court, surrogate's court, court of claims, county courts, city courts, and town and village courts.

What Are the Types of Court Records In New York?

New York State's court system generates and maintains a wide range of court records that document legal proceedings, judicial decisions, and case outcomes. Each court in the state is responsible for preserving specific types of records related to the cases it handles. The clerk of each court is designated as the official custodian of the records generated by that court.

The following are the records maintained by each court in the New York State court system:

• New York State Court of Appeals
• Opinions and Decisions: Written rulings and legal reasoning in appealed cases.
• Case Dockets: Summaries of case proceedings before the Court of Appeals.
• Orders and Judgments: Final rulings issued by the court.
• Oral Argument Transcripts: Records of spoken arguments presented by attorneys.
• Appellate Division of the Supreme Court:
• Appellate Briefs and Filings: Legal arguments submitted by parties in an appeal.
• Decisions and Opinions: Written rulings on appealed cases.
• Motion Papers: Documents requesting specific legal actions from the court.
• Case Dockets: Listings of case events and filings.
• Supreme Court
• Civil Case Records: Lawsuits involving contracts, property disputes, and personal injury.
• Criminal Case Records: Felony indictments, trial proceedings, and sentencing records.
• Divorce and Matrimonial Records: Divorce decrees, custody agreements, and alimony orders.
• Commercial Division Records: Business litigation cases involving corporations and partnerships.
• Foreclosure and Property Dispute Records: Legal proceedings regarding real estate.
• Family Court
• Child Custody and Support Records: Legal determinations regarding guardianship and financial support.
• Juvenile Delinquency Records: Proceedings involving minors accused of criminal activity.
• Orders of Protection: Restraining orders issued in domestic violence cases.
• Adoption Records: Documents related to the legal adoption process (sealed in most cases).
• Court of Claims
• Claim Filings and Complaints
• Case Dockets and Summaries
• Decisions and Judgments
• Trial Transcripts and Evidence Records
• Administrative and Procedural Records
• Surrogate's Court
• Probate Records: Wills, estate administration, and executor reports.
• Guardianship Records: Court-appointed guardians for minors or incapacitated individuals.
• Estate Dispute Filings: Legal conflicts over inheritance or estate distribution.
• County Court
• Criminal Case Records: Misdemeanor and felony case files, trial transcripts, and sentencing documents.
• Appeals from Lower Courts: Case records from justice and city courts reviewed at the county level.
• City Courts
• Traffic Violation Records: Tickets, fines, and court hearings for traffic offenses.
• Small Claims Court Records: Disputes involving small monetary claims.
• Misdemeanor and Violation Case Records: Records of lower-level criminal offenses.
• Town and Village Justice Courts
• Traffic and Vehicle Infraction Records: Local ordinance and minor traffic offense violations.
• Small Claims and Civil Dispute Records: Cases involving property disputes or minor contract claims.
• Misdemeanor and Violation Case Files: Legal proceedings related to lesser criminal offenses.

Are New York Court Records Public?

While the Freedom of Information Law in New York typically exempts court records from disclosure, access is instead governed by Judiciary Law Section 255. New York Judiciary Law 255-255-B gives the public the right to inspect and copy many documents and records of courts in New York. This law requires court clerks to diligently search and provide copies of court records upon request and payment of fees.

However, the provisions of Section 255 notwithstanding, the right of access to inspect or copy New York court records is not absolute. State statutes and court rules exempt some categories of records or sections of court records from public disclosure. For instance, access to family court records, criminal records where the defendant is found not guilty, civil commitment records, certain matrimonial records, and adoption records are restricted from public access.

In addition, New York courts may seal some of its records if there is good reason to do so. Usually, New York courts seal records if the reason for restricting access to such records outweighs the public interest in access. Common reasons why court records are sealed in New York include protecting sensitive information, national security, and trade secrets, and ensuring the integrity of ongoing legal proceedings.

How Do I Search New York Court Records?

You may search New York court records both online and offline. The New York judiciary provides multiple ways to search court records online. These methods include the following:

• eCourt: This platform allows users to view current and disposed case information. However, it is not available for all New York State courts.
• E-filed Case Records Guest Search: This search system may be used to search Supreme Court documents and cases electronically filed in the New York State Courts Electronic Filing (NYSCEF) system. The search system may be used without an e-filing account.

To perform a search using either search method, you must provide relevant information to the record needed. Typically, you will be required to provide the following:

• Case Number (Docket or Index Number)
• Party Names (Plaintiff/Defendant)
• Attorney Name (If applicable)
• Filing Date or Court Location

Note that if you want official copies of court records, you must visit the office of the clerk of the court where the case was filed.

How To Retrieve Court Records Offline

Certified copies of New York State court records are typically available offline. To make an offline request, you must visit the office of the clerk of the court where the case was filed. Some clerk offices may accept mail applications. Typically, the offline request process for New York State court records follows these steps:

• Identify the courthouse where the case was filed.
• Visit the clerk's office during business hours and request access to the case files.
• Provide necessary information such as:
• Case or docket number
• Names of the parties involved
• Date of filing or hearing
• Type of case (Civil, Criminal, Family, or Probate)
• Attorney name (if applicable)
• Pay the applicable fee if you want a copy: This fee varies from one court to another. However, it is generally between $0.25 and $1 per page for standard copies, and $5 to $10 per document for certification.

For standard copies, it is possible for requests to be processed on the same day of requests. However, if the volume of requests being processed by the clerk's office is high or a certified copy is required, it may take up to 15 business days for requests to process.

Can I Seal or Expunge a New York Court Record?

Other than for certain marijuana crimes, there are no laws providing for the expungement of court records in New York. However, the state offers sealing for certain cases. In New York, sealing refers to the process of restricting public access to a court record. In sealing, the record still exists, but all related booking photos, palmprint cards, fingerprints, and DNA samples may be destroyed or returned to the individual with the record. The exception to this is for digital fingerprints if the individual with the record already has fingerprints on file with the state on a different unsealed case.

Per New York State provision, some cases are sealed automatically without the persons named on the record having to do anything. Such cases include records relating to:

• Crimes committed by children
• Cases where the individual with the record got a good result
• Violations and traffic infractions such as trespass and disorderly conducted (partially sealed)
• Crimes committed by youthful offenders

Individuals who do not qualify for automatic sealing of their records may petition the court to seal felony or misdemeanor convictions per Criminal Procedure Law (CPL) § 160.59, if:

• They have no more than 2 misdemeanor records or no more than 1 felony and 1 misdemeanor conviction record and have not been charged with any crime for at least 10 years
• They have successfully completed a drug treatment program
• The record is not related to a violent crime, sex offense, or Class A felony. The New York State Courts website provides a list of offenses not eligible for sealing

To apply to a New York court for the sealing of your record, follow these steps:

• Obtain a Certificate of Disposition: Request a Criminal Certificate of Disposition from the court where the conviction occurred. A separate request must be submitted for each case. There is a $5 fee for courts outside New York City and a $10 fee for courts within NYC.
• Complete the Sealing Application: Fill out the Sealing Application (also known as the Notice of Motion and Affidavit in Support). Sign the form in front of a notary public. Attach proof of rehabilitation, such as employment verification, educational transcripts, letters of recommendation, or certificates of program completion.
• Notify the District Attorney: Make copies of the Certificate of Disposition, Sealing Application, and all supporting documents. Serve these copies to the District Attorney's Office by mail or in person. If sealing multiple convictions in different counties, send copies to each county's District Attorney.
• Complete and Notarize the Affidavit of Service: The person who delivers or mails the documents must complete an Affidavit of Service and sign it before a notary public. If serving multiple District Attorneys, separate Affidavits of Service must be completed.
• File the Sealing Application with the Court: Submit the original application, Affidavit of Service, Certificate of Disposition, and supporting documents to the court where the most serious conviction occurred. If both convictions are of the same level, file in the court where the most recent conviction was entered. No filing fee is required for this step.

If your sealing application is granted, the court will issue a Seal Order signed by a judge. To verify that your New York State Criminal History Record has been officially sealed, complete the Request for Seal Verification form. Attach a copy of the signed Seal Order and mail both documents to the New York State Division of Criminal Justice Services at the address provided on the request form.

How To Search Federal Court Records in New York

There are four federal district courts in New York State: Southern District of New York, Eastern District of New York, Northern District of New York, and the Western District of New York. These courts handle cases that fall under federal jurisdiction, including constitutional issues, federal crimes, bankruptcy, immigration, intellectual property disputes, and multi-state civil cases.

You may access records from these federal courts online and offline. Online access to federal court records in New York is provided via the Public Access to Court Electronic Records (PACER) system. To search federal case records online:

• Visit the PACER website
• Create an account
• Perform a search by:
• Case number
• Party name
• Filing date
• Court location
• Pay the required fees (typically $0.10 per page, with a cap of $3 per document)

To obtain physical copies of federal case files, visit the clerk's office at the federal courthouse where the case was filed. Requesting case files in person may require:

• Case number or party names
• Photo ID
• Payment for copies (fees vary but usually start at $0.50 per page for physical copies and $11 for certified documents).

How To Get New York Court Records Online for Free?

Access to New York court records is made available to the public online for free via the eCourts and E-filed Case Records Guest Search systems. Note that the E-filed Case Records Guest Search system only provides information on Supreme Court cases electronically filed in the NYSCEF system.

Several third-party websites also maintain databases that the public may use to find New York court records online for free. One such website is NewYorkPeopleRecords.us. These websites aggregate data from official sources into databases that may be searched for free.