NY Veh & Traf L § 201 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2 - Department of Motor Vehicles; Commissioner 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.