N.Y. Vehicle & Traffic Law § 201: Custody of records

§ 201. Custody of records. 1. Documents. The commissioner may destroy:

(a) any application, including supporting documents, for registration

and/or title of a motor vehicle or trailer, other than an application

for renewal of registration, or any notice of a lien on a motor vehicle

or trailer, after such application shall have been on file for a period

of five years;

(b) any application for renewal of a registration which results in the

issuance of a registration renewal of any motor vehicle or trailer, upon

entry of an electronic record of renewal on the files;

(c) any application for a driver's license, including any document

required to be filed with any such application, after such application

shall have been on file for a period of five years;

(d) any application, including supporting documents, for the

registration, other than a renewal of a registration, of a snowmobile

after such application shall have been on file for a period of two

years;

(e) any application for renewal of a registration which results in the

issuance of a registration renewal for any snowmobile, upon the

expiration of the registration renewal issued;

(f) any application, including supporting documents, for registration

and/or title of a motorboat, other than an application for renewal of

registration, or any notice of a lien on a motorboat after such

application shall have been on file for a period of four years;

(g) any application for renewal of a registration which results in the

issuance of a registration renewal for any motorboat, upon the

expiration of the registration renewal issued;

(h) any application, including supporting documents relating to

ownership, for any other registration, license or certificate issued

under this chapter and not specifically otherwise provided for in this

subdivision, after such application shall have been on file for a period

of five years;

(i) (i) any accident reports filed with the commissioner, conviction

certificates, police reports, complaints, satisfied judgment records,

closed suspension and revocation orders, hearing records, other than

audio tape recordings of hearings, significant correspondence relating

to any of the same, and any other record on file after remaining on file

for four years except that if the commissioner shall receive, during the

last year of such period of four years, written notice to retain one or

more of such papers or documents, the same shall be retained for another

four years in addition to said period of four years. The provisions of

this paragraph shall not apply to certificates of conviction filed with

respect to convictions which affect sentencing or administrative action

required by law beyond such four year period. Such certificates may be

destroyed after they have no legal effect on sentencing or

administrative action;

(ii)(A) Notwithstanding the provisions of subparagraph (i) of this

paragraph, the commissioner may destroy any conviction certificates and

closed suspension and revocation orders after remaining on file for:

(1) fifty-five years where the conviction and suspension or revocation

order relates to a conviction, suspension or revocation by the holder of

any driver's license when operating a commercial motor vehicle, as

defined in subdivision four of section five hundred one-a of this

chapter, or by the holder of a commercial driver's license or commercial

learner's permit when operating any motor vehicle, who: has refused to

submit to a chemical test pursuant to section eleven hundred ninety-four

of this chapter or has been convicted of any of the following offenses:

any violation of subdivision two, two-a, three, four or four-a of

section eleven hundred ninety-two of this chapter, any violation of

subdivision one or two of section six hundred of this chapter, any

felony involving the use of a motor vehicle, other than the use of a

motor vehicle in the commission of a felony involving manufacturing,

distributing, dispensing a controlled substance; or the conviction,

suspension or revocation involves any of the following offenses while

operating a commercial motor vehicle: any violation of subdivision five

or six of section eleven hundred ninety-two of this chapter, driving a

commercial motor vehicle when as a result of prior violations committed

while operating a commercial motor vehicle, the driver's commercial

driver's license or commercial learner's permit is suspended or revoked,

or has been convicted of causing a fatality through the negligent

operation of a commercial motor vehicle, including but not limited to

the crimes of vehicular manslaughter and criminally negligent homicide

as set forth in article one hundred twenty-five of the penal law;

(2) fifteen years for violating an out of service order as provided

for in the rules and regulations of the department of transportation

while operating a commercial motor vehicle.

(B) Any conviction arising out of the use of a motor vehicle in the

commission of a felony involving manufacturing, distributing, or

dispensing a controlled substance shall never be destroyed.

(C) The provisions of this subparagraph shall only apply to records

requested by a state, the United States secretary of transportation, the

person who is the subject of the record, or a motor carrier who employs

or who prospectively may employ the person who is the subject of the

record.

(j) audio tape recordings of hearings, two years after such hearing;

provided, however, that audio tape recordings of hearings held pursuant

to section two hundred twenty-seven of this chapter may be destroyed

ninety days after a determination has been made as prescribed in such

section.

(k) any records, including any reproductions or electronically created

images of such records and including any records received by the

commissioner from a court pursuant to paragraph (c) of subdivision ten

of section eleven hundred ninety-two of this chapter or section

forty-nine-b of the navigation law, relating to a finding of a violation

of section eleven hundred ninety-two-a of this chapter or a waiver of

the right to a hearing under section eleven hundred ninety-four-a of

this chapter or a finding of a refusal following a hearing conducted

pursuant to subdivision three of section eleven hundred ninety-four-a of

this chapter or a finding of a violation of section forty-nine-b of the

navigation law or a waiver of the right to a hearing or a finding of

refusal following a hearing conducted pursuant to such section, after

remaining on file for three years after such finding or entry of such

waiver or refusal or until the person that is found to have violated

such section reaches the age of twenty-one, whichever is the greater

period of time. Upon the expiration of the period for destruction of

records pursuant to this paragraph, the entirety of the proceedings

concerning the violation or alleged violation of such section eleven

hundred ninety-two-a of this chapter or such section forty-nine-b of the

navigation law, from the initial stop and detention of the operator to

the entering of a finding and imposition of sanctions pursuant to any

subdivision of section eleven hundred ninety-four-a of this chapter or

of section forty-nine-b of the navigation law shall be deemed a nullity,

and the operator shall be restored, in contemplation of law, to the

status he occupied before the initial stop and prosecution.

2. Reproduction of documents by commissioner. The provisions of

subdivision one of this section shall not prevent the commissioner from

reproducing a copy of any document specified in that subdivision or from

electronically creating and storing an image of any documents maintained

by the department. Such image or reproduction may be designated as the

official departmental record. The original document may be destroyed

after such reproduction or image has been made and filed and the

destruction of the reproduction or image shall be governed by the

provisions of subdivision one of this section.

3. Electronically or mechanically stored records. Any electronically

or mechanically stored record relating to:

(a) certificates of title shall be retained for a period of seven

years from the date of the issuance of the title plus an additional

three consecutive years of inactivity regarding the titled vehicle;

(b) liens and satisfaction of liens shall be retained for one year

from the date of satisfaction;

(c) renewal of the registration of any motor vehicle or trailer shall

be retained for a period of one year from the date of expiration of the

registration issued;

(d) driver's licenses shall be retained for a period of two years from

the date of expiration of the last driver's license issued;

(e) registrations, licenses, or certificates not otherwise provided

for in this subdivision shall be retained for a period of one year from

the date of expiration of the last registration, license or certificate;

(f) documents specified in paragraph (i) of subdivision one of this

section shall be retained until the document itself may be destroyed.

4. Whenever any document referred to in subdivision one of this

section shall have been destroyed, a document produced from the

surviving electronically or mechanically stored data record shall be

considered the original record of such document.

5. Whenever any document referred to in subdivision one of this

section or any record retained in subdivision three of this section has

been retained beyond the required retention period of such document or

record, the document or record shall not be a public record; and, to the

extent that any document referred to in paragraph (k) of subdivision one

of this section has not been destroyed at the expiration of the

retention period set forth therein, such document shall be deemed

destroyed as a matter of law for all purposes upon the expiration of the

retention period.

6. Whenever any document referred to in subdivision one of this

section is filed with this department when it is not required to be

filed and is used by this department for no other purposes, other than

for statistics or research, the document shall not be a public record.

Provided, however, that an accident report filed with this department

when it is not required to be filed shall not be a public record except

as follows: for use by the state or any political subdivision thereof

for no other purposes other than for statistics or research relating to

highway safety; for any lawful purpose by a person to whom such report

pertains or named in such report, or his or her authorized

representative; and, for use by any other person, or his or her

authorized representative, who has demonstrated to the satisfaction of

the commissioner that such person is or may be a party to a civil action

arising out of the conduct described in such accident report.

7. Where a judge or magistrate reports a license suspension or

revocation to the commissioner, following a youthful offender

determination, as is required by section five hundred thirteen of this

chapter, the commissioner shall not make available the finding of the

court of youthful offender status to any person, or public or private

agency.

8. Any portion of any record retained by the commissioner in relation

to a non-commercial driver's license or learner's permit application or

renewal application that contains the photo image or identifies the

social security number, telephone number, place of birth, country of

origin, place of employment, school or educational institution attended,

source of income, status as a recipient of public benefits, the customer

identification number associated with a public utilities account,

medical information or disability information of the holder of, or

applicant for, such license or permit is not a public record and shall

not be disclosed in response to any request for records except: (a) to

the person who is the subject of such records; or (b) where expressly

required pursuant to chapter three hundred three of part A of subtitle

vi of title forty-nine of the United States code; or (c) where necessary

to comply with a lawful court order, judicial warrant signed by a judge

appointed pursuant to article III of the United States constitution, or

subpoena for individual records issued pursuant to the criminal

procedure law or the civil practice law and rules.

9. The commissioner shall not disclose or otherwise make accessible

original documents or copies of documents collected from non-commercial

driver's license or learner's permit applicants or renewal applicants to

prove identity, age, or fitness except: (a) to the person who is the

subject of such documents; or (b) where expressly required pursuant to

chapter three hundred three of part A of subtitle vi of title forty-nine

of the United States code; or (c) unless necessary to comply with a

lawful court order, judicial warrant signed by a judge appointed

pursuant to article III of the United States constitution, or subpoena

for individual records properly issued pursuant to the criminal

procedure law or the civil practice law and rules.

10. The commissioner shall not disclose or otherwise make accessible

any portion of any record that identifies whether the type of driver's

license or learner's permit that a person holds either meets federal

standards for identification or does not meet federal standards for

identification except: (a) to the person who is the subject of such

record; or (b) where expressly required pursuant to chapter three

hundred three of part A of subtitle vi of title forty-nine of the United

States code; or (c) unless necessary to comply with a lawful court

order, judicial warrant signed by a judge appointed pursuant to article

III of the United States constitution, or subpoena for individual

records properly issued pursuant to the criminal procedure law or the

civil practice law and rules.

11. For the purposes of this section, whenever a lawful court order,

judicial warrant, or subpoena for individual records properly issued

pursuant to the criminal procedure law or the civil practice law and

rules is presented to the commissioner, only those records, documents,

or information specifically sought by such court order, warrant, or

subpoena may be disclosed.

12. (a) Except as required for the commissioner to issue or renew a

driver's license or learner's permit that meets federal standards for

identification, as necessary for an individual seeking acceptance into a

trusted traveler program, or to facilitate vehicle imports and/or

exports, the commissioner, and any agent or employee of the

commissioner, shall not disclose or make accessible in any manner

records or information that he or she maintains, to any agency that

primarily enforces immigration law or to any employee or agent of such

agency, unless the commissioner is presented with a lawful court order

or judicial warrant signed by a judge appointed pursuant to article III

of the United States constitution. Upon receiving a request for such

records or information from an agency that primarily enforces

immigration law, the commissioner shall, no later than three days after

such request, notify the individual about whom such information was

requested, informing such individual of the request and the identity of

the agency that made such request.

(b) The commissioner shall require any person or entity that receives

or has access to records or information from the department to certify

to the commissioner, before such receipt or access, that such person or

entity shall not (i) use such records or information for civil

immigration purposes or (ii) disclose such records or information to any

agency that primarily enforces immigration law or to any employee or

agent of any such agency unless such disclosure is pursuant to a

cooperative arrangement between city, state and federal agencies which

arrangement does not enforce immigration law and which disclosure is

limited to the specific records or information being sought pursuant to

such arrangement. Violation of such certification shall be a class E

felony. In addition to any records required to be kept pursuant to

subdivision (c) of section 2721 of title 18 of the United States code,

any person or entity certifying pursuant to this paragraph shall keep

for a period of five years records of all uses and identifying each

person or entity that primarily enforces immigration law that received

department records or information from such certifying person or entity.

Such records shall be maintained in a manner and form prescribed by the

commissioner and shall be available for inspection by the commissioner

or his or her designee upon his or her request.

(c) For purposes of this subdivision, the term "agency that primarily

enforces immigration law" shall include, but not be limited to, United

States immigration and customs enforcement and United States customs and

border protection, and any successor agencies having similar duties.

Failure to maintain records as required by this subdivision shall be a

class E felony.