N.Y. VAT. LAW § 201 : NY Code - Section 201: Custody of records

Search N.Y. VAT. LAW § 201 : NY Code - Section 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
  a commercial driver's license who, when operating any motor vehicle, 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 while operating any motor vehicle: any  violation  of
  subdivision  two,  three or four 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  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.