§ 201 — Custody of records

§ 201. Custody of records. 1. Documents. The commissioner may destroy:\n (a) any application, including supporting documents, for registration\nand/or title of a motor vehicle or trailer, other than an application\nfor renewal of registration, or any notice of a lien on a motor vehicle\nor trailer, after such application shall have been on file for a period\nof five years;\n (b) any application for renewal of a registration which results in the\nissuance of a registration renewal of any motor vehicle or trailer, upon\nentry of an electronic record of renewal on the files;\n (c) any application for a driver's license, including any document\nrequired to be filed with any such application, after such application\nshall have been on file for a period of five years;\n (d) any application, including supporting documents, for the\nregistration, other than a renewal of a registration, of a snowmobile\nafter such application shall have been on file for a period of two\nyears;\n (e) any application for renewal of a registration which results in the\nissuance of a registration renewal for any snowmobile, upon the\nexpiration of the registration renewal issued;\n (f) any application, including supporting documents, for registration\nand/or title of a motorboat, other than an application for renewal of\nregistration, or any notice of a lien on a motorboat after such\napplication shall have been on file for a period of four years;\n (g) any application for renewal of a registration which results in the\nissuance of a registration renewal for any motorboat, upon the\nexpiration of the registration renewal issued;\n (h) any application, including supporting documents relating to\nownership, for any other registration, license or certificate issued\nunder this chapter and not specifically otherwise provided for in this\nsubdivision, after such application shall have been on file for a period\nof five years;\n (i) (i) any accident reports filed with the commissioner, conviction\ncertificates, police reports, complaints, satisfied judgment records,\nclosed suspension and revocation orders, hearing records, other than\naudio tape recordings of hearings, significant correspondence relating\nto any of the same, and any other record on file after remaining on file\nfor four years except that if the commissioner shall receive, during the\nlast year of such period of four years, written notice to retain one or\nmore of such papers or documents, the same shall be retained for another\nfour years in addition to said period of four years. The provisions of\nthis paragraph shall not apply to certificates of conviction filed with\nrespect to convictions which affect sentencing or administrative action\nrequired by law beyond such four year period. Such certificates may be\ndestroyed after they have no legal effect on sentencing or\nadministrative action;\n (ii)(A) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, the commissioner may destroy any conviction certificates and\nclosed suspension and revocation orders after remaining on file for:\n (1) fifty-five years where the conviction and suspension or revocation\norder relates to a conviction, suspension or revocation by the holder of\nany driver's license when operating a commercial motor vehicle, as\ndefined in subdivision four of section five hundred one-a of this\nchapter, or by the holder of a commercial driver's license or commercial\nlearner's permit when operating any motor vehicle, who: has refused to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this chapter or has been convicted of any of the following offenses:\nany violation of subdivision two, two-a, three, four or four-a of\nsection eleven hundred ninety-two of this chapter, any violation of\nsubdivision one or two of section six hundred of this chapter, any\nfelony involving the use of a motor vehicle, other than the use of a\nmotor vehicle in the commission of a felony involving manufacturing,\ndistributing, dispensing a controlled substance; or the conviction,\nsuspension or revocation involves any of the following offenses while\noperating a commercial motor vehicle: any violation of subdivision five\nor six of section eleven hundred ninety-two of this chapter, driving a\ncommercial motor vehicle when as a result of prior violations committed\nwhile operating a commercial motor vehicle, the driver's commercial\ndriver's license or commercial learner's permit is suspended or revoked,\nor has been convicted of causing a fatality through the negligent\noperation of a commercial motor vehicle, including but not limited to\nthe crimes of vehicular manslaughter and criminally negligent homicide\nas set forth in article one hundred twenty-five of the penal law;\n (2) fifteen years for violating an out of service order as provided\nfor in the rules and regulations of the department of transportation\nwhile operating a commercial motor vehicle.\n (B) Any conviction arising out of the use of a motor vehicle in the\ncommission of a felony involving manufacturing, distributing, or\ndispensing a controlled substance shall never be destroyed.\n (C) The provisions of this subparagraph shall only apply to records\nrequested by a state, the United States secretary of transportation, the\nperson who is the subject of the record, or a motor carrier who employs\nor who prospectively may employ the person who is the subject of the\nrecord.\n (j) audio tape recordings of hearings, two years after such hearing;\nprovided, however, that audio tape recordings of hearings held pursuant\nto section two hundred twenty-seven of this chapter may be destroyed\nninety days after a determination has been made as prescribed in such\nsection.\n (k) any records, including any reproductions or electronically created\nimages of such records and including any records received by the\ncommissioner from a court pursuant to paragraph (c) of subdivision ten\nof section eleven hundred ninety-two of this chapter or section\nforty-nine-b of the navigation law, relating to a finding of a violation\nof section eleven hundred ninety-two-a of this chapter or a waiver of\nthe right to a hearing under section eleven hundred ninety-four-a of\nthis chapter or a finding of a refusal following a hearing conducted\npursuant to subdivision three of section eleven hundred ninety-four-a of\nthis chapter or a finding of a violation of section forty-nine-b of the\nnavigation law or a waiver of the right to a hearing or a finding of\nrefusal following a hearing conducted pursuant to such section, after\nremaining on file for three years after such finding or entry of such\nwaiver or refusal or until the person that is found to have violated\nsuch section reaches the age of twenty-one, whichever is the greater\nperiod of time. Upon the expiration of the period for destruction of\nrecords pursuant to this paragraph, the entirety of the proceedings\nconcerning the violation or alleged violation of such section eleven\nhundred ninety-two-a of this chapter or such section forty-nine-b of the\nnavigation law, from the initial stop and detention of the operator to\nthe entering of a finding and imposition of sanctions pursuant to any\nsubdivision of section eleven hundred ninety-four-a of this chapter or\nof section forty-nine-b of the navigation law shall be deemed a nullity,\nand the operator shall be restored, in contemplation of law, to the\nstatus he occupied before the initial stop and prosecution.\n 2. Reproduction of documents by commissioner. The provisions of\nsubdivision one of this section shall not prevent the commissioner from\nreproducing a copy of any document specified in that subdivision or from\nelectronically creating and storing an image of any documents maintained\nby the department. Such image or reproduction may be designated as the\nofficial departmental record. The original document may be destroyed\nafter such reproduction or image has been made and filed and the\ndestruction of the reproduction or image shall be governed by the\nprovisions of subdivision one of this section.\n 3. Electronically or mechanically stored records. Any electronically\nor mechanically stored record relating to:\n (a) certificates of title shall be retained for a period of seven\nyears from the date of the issuance of the title plus an additional\nthree consecutive years of inactivity regarding the titled vehicle;\n (b) liens and satisfaction of liens shall be retained for one year\nfrom the date of satisfaction;\n (c) renewal of the registration of any motor vehicle or trailer shall\nbe retained for a period of one year from the date of expiration of the\nregistration issued;\n (d) driver's licenses shall be retained for a period of two years from\nthe date of expiration of the last driver's license issued;\n (e) registrations, licenses, or certificates not otherwise provided\nfor in this subdivision shall be retained for a period of one year from\nthe date of expiration of the last registration, license or certificate;\n (f) documents specified in paragraph (i) of subdivision one of this\nsection shall be retained until the document itself may be destroyed.\n 4. Whenever any document referred to in subdivision one of this\nsection shall have been destroyed, a document produced from the\nsurviving electronically or mechanically stored data record shall be\nconsidered the original record of such document.\n 5. Whenever any document referred to in subdivision one of this\nsection or any record retained in subdivision three of this section has\nbeen retained beyond the required retention period of such document or\nrecord, the document or record shall not be a public record; and, to the\nextent that any document referred to in paragraph (k) of subdivision one\nof this section has not been destroyed at the expiration of the\nretention period set forth therein, such document shall be deemed\ndestroyed as a matter of law for all purposes upon the expiration of the\nretention period.\n 6. Whenever any document referred to in subdivision one of this\nsection is filed with this department when it is not required to be\nfiled and is used by this department for no other purposes, other than\nfor statistics or research, the document shall not be a public record.\nProvided, however, that an accident report filed with this department\nwhen it is not required to be filed shall not be a public record except\nas follows: for use by the state or any political subdivision thereof\nfor no other purposes other than for statistics or research relating to\nhighway safety; for any lawful purpose by a person to whom such report\npertains or named in such report, or his or her authorized\nrepresentative; and, for use by any other person, or his or her\nauthorized representative, who has demonstrated to the satisfaction of\nthe commissioner that such person is or may be a party to a civil action\narising out of the conduct described in such accident report.\n 7. Where a judge or magistrate reports a license suspension or\nrevocation to the commissioner, following a youthful offender\ndetermination, as is required by section five hundred thirteen of this\nchapter, the commissioner shall not make available the finding of the\ncourt of youthful offender status to any person, or public or private\nagency.\n 8. Any portion of any record retained by the commissioner in relation\nto a non-commercial driver's license or learner's permit application or\nrenewal application that contains the photo image or identifies the\nsocial security number, telephone number, place of birth, country of\norigin, place of employment, school or educational institution attended,\nsource of income, status as a recipient of public benefits, the customer\nidentification number associated with a public utilities account,\nmedical information or disability information of the holder of, or\napplicant for, such license or permit is not a public record and shall\nnot be disclosed in response to any request for records except: (a) to\nthe person who is the subject of such records; or (b) where expressly\nrequired pursuant to chapter three hundred three of part A of subtitle\nvi of title forty-nine of the United States code; or (c) where necessary\nto comply with a lawful court order, judicial warrant signed by a judge\nappointed pursuant to article III of the United States constitution, or\nsubpoena for individual records issued pursuant to the criminal\nprocedure law or the civil practice law and rules.\n 9. The commissioner shall not disclose or otherwise make accessible\noriginal documents or copies of documents collected from non-commercial\ndriver's license or learner's permit applicants or renewal applicants to\nprove identity, age, or fitness except: (a) to the person who is the\nsubject of such documents; or (b) where expressly required pursuant to\nchapter three hundred three of part A of subtitle vi of title forty-nine\nof the United States code; or (c) unless necessary to comply with a\nlawful court order, judicial warrant signed by a judge appointed\npursuant to article III of the United States constitution, or subpoena\nfor individual records properly issued pursuant to the criminal\nprocedure law or the civil practice law and rules.\n 10. The commissioner shall not disclose or otherwise make accessible\nany portion of any record that identifies whether the type of driver's\nlicense or learner's permit that a person holds either meets federal\nstandards for identification or does not meet federal standards for\nidentification except: (a) to the person who is the subject of such\nrecord; or (b) where expressly required pursuant to chapter three\nhundred three of part A of subtitle vi of title forty-nine of the United\nStates code; or (c) unless necessary to comply with a lawful court\norder, judicial warrant signed by a judge appointed pursuant to article\nIII of the United States constitution, or subpoena for individual\nrecords properly issued pursuant to the criminal procedure law or the\ncivil practice law and rules.\n 11. For the purposes of this section, whenever a lawful court order,\njudicial warrant, or subpoena for individual records properly issued\npursuant to the criminal procedure law or the civil practice law and\nrules is presented to the commissioner, only those records, documents,\nor information specifically sought by such court order, warrant, or\nsubpoena may be disclosed.\n 12. (a) Except as required for the commissioner to issue or renew a\ndriver's license or learner's permit that meets federal standards for\nidentification, as necessary for an individual seeking acceptance into a\ntrusted traveler program, or to facilitate vehicle imports and/or\nexports, the commissioner, and any agent or employee of the\ncommissioner, shall not disclose or make accessible in any manner\nrecords or information that he or she maintains, to any agency that\nprimarily enforces immigration law or to any employee or agent of such\nagency, unless the commissioner is presented with a lawful court order\nor judicial warrant signed by a judge appointed pursuant to article III\nof the United States constitution. Upon receiving a request for such\nrecords or information from an agency that primarily enforces\nimmigration law, the commissioner shall, no later than three days after\nsuch request, notify the individual about whom such information was\nrequested, informing such individual of the request and the identity of\nthe agency that made such request.\n (b) The commissioner shall require any person or entity that receives\nor has access to records or information from the department to certify\nto the commissioner, before such receipt or access, that such person or\nentity shall not (i) use such records or information for civil\nimmigration purposes or (ii) disclose such records or information to any\nagency that primarily enforces immigration law or to any employee or\nagent of any such agency unless such disclosure is pursuant to a\ncooperative arrangement between city, state and federal agencies which\narrangement does not enforce immigration law and which disclosure is\nlimited to the specific records or information being sought pursuant to\nsuch arrangement. Violation of such certification shall be a class E\nfelony. In addition to any records required to be kept pursuant to\nsubdivision (c) of section 2721 of title 18 of the United States code,\nany person or entity certifying pursuant to this paragraph shall keep\nfor a period of five years records of all uses and identifying each\nperson or entity that primarily enforces immigration law that received\ndepartment records or information from such certifying person or entity.\nSuch records shall be maintained in a manner and form prescribed by the\ncommissioner and shall be available for inspection by the commissioner\nor his or her designee upon his or her request.\n (c) For purposes of this subdivision, the term "agency that primarily\nenforces immigration law" shall include, but not be limited to, United\nStates immigration and customs enforcement and United States customs and\nborder protection, and any successor agencies having similar duties.\nFailure to maintain records as required by this subdivision shall be a\nclass E felony.\n