Note: This page covers information specific to New York. For general information concerning access to and use of courtrecords see the Access to Courts and Court Records section of this guide.
You have a right to inspect and copy many records and documentsfiled in New York courts. However, your right of access is notabsolute. New York statutes and court rules exempt certain categoriesof information from disclosure, and a court may limit access to courtrecords in certain situations. If you are interested in obtaining courtrecords, you should go to the courthouse where the case is taking placeand request the records in writing from the clerk of the court (therewill usually be a request form). State websites provide locations andphone numbers for the Trial Courts, the Supreme Court Appellate Division, and the Court of Appeals(the state's highest court). Alternatively, you may be able to accesscourt records online. For more information,please consult the Reporters Committee for Freedom of the Press's state-by-state guide to access to court records and proceedings.
There is a strong presumption of open access to court records in New York. See New York Jud. Law 255 to 255-B(select individual sections). However, there are numerous exceptions tothis presumption. For example, you will likely not be able to accessfamily court records, certain matrimonial records, criminal recordswhen the defendant is found not guilty, adoption records, and civilcommitment records. A recent report by the Commission on Public Access to Court Records contains some more examples.
A court may also seal its records upon finding there is good cause to do so. See 22 NYCRR § 216.1(search for "sealing of court records"). Courts generally first requirethe person seeking to seal the records to demonstrate good cause toseal the record exists, and then balance that reason for closureagainst the public's interest in access. While this rule only directlyapplies to civil cases, criminal courts sometimes use it for guidance.
To obtain access to a sealed record, you can make a motion tovacate the sealing order. See In re Crain Communications, Inc. v.Hughes, 539 N.E.2d 1099, 1100 (N.Y. 1989). You may also make a directappeal if the trial judge failed to give a reason for sealing therecords. See In re Conservatorship of Brownstone, 594 N.Y.S.2d 31, 32(App. Div. 1993). If you wish to challenge an order sealing courtrecords, you should get legal assistance to determine how best to proceed.
Jurisdiction:
- New York
Subject Area:
- Access to Courts
- Access to Gov't Information
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Disclaimer
Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information. It is not offered for the purpose of providing individualized legal advice. Use of this guide does not create an attorney-client or any other relationship between the user and the Digital Media Law Project or the Berkman Center for Internet & Society.
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