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File a Freedom of Information Law (FOIL) request

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File a Freedom of Information Law (FOIL) request
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Overview

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public the right to access records maintained by government agencies with certain exceptions. 

“Record” means any information kept, held, filed, produced, or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

 

You May Not Need to Request Records through FOIL

Many DMV records, including a Driving Record Abstract, are available using the Request for DMV Records (PDF) (MV-15). Check the MV-15 form carefully before you submit a FOIL request for DMV records. If you use the MV-15, you will often receive records sooner than if you submitted a FOIL request.

 

Records You Can Request under FOIL

You can request any DMV records under FOIL. However, certain records or parts of records can be withheld under Section 87(2) of the New York State Public Officers Law.

The FOIL office will respond to your request within 5 business days of receiving the request. We will either provide you with the record requested, deny the request, or acknowledge receipt of your request. We will also provide a time frame for when you can expect to receive the record you requested.

Records can rarely be produced on the same day that they are requested. Most DMV records are available within twenty (20) business days of the FOIL Office's written acknowledgment of your request. In some cases, it can take longer than 20 business days to produce records under FOIL. If the DMV cannot provide your records within 20 business days, we will tell you the date the records will be available.

See the DMV Subject Matter List of Records.

Make a FOIL Request

Step 1: Determine if You Need to Request under FOIL

Read the Request for DMV Records (PDF) (MV-15) to determine if the records are available without a request under the FOIL. If the record you are requesting is available by using the MV-15, doing so may allow you to receive your records more quickly than filing a FOIL request. Learn how to request your own driving record (abstract).


Step 2: Make a FOIL Request

Option 1: Use the GovQA online Form.

SUBMIT A FOIL REQUEST

 

Option 2: Mail a written request using the Freedom of Information Law Request Form (PDF) (MV-FOIL) to:

FOIL Office
New York State DMV
6 Empire State Plaza, Room 330A
Albany, NY 12228

Fees

Fees for Searches

The law authorizes DMV to charge a $10.00 search fee to determine if the records you requested are available. Your payment of the search fee does not guarantee that you will receive the records that you requested. We cannot refund the search fee.

We will tell you if the records that you requested are available or not available.

 

Fees for Copies

If the records are available and you want copies, we charge a copy fee of $1.00 for each page. A page shall consist of either a single- or double-side of any document. The FOIL office will not release the record you have requested until payment has been received in full.

You may pay the fees by credit card, or by a check or money order made payable to Commissioner of Motor Vehicles.

 

Fee Exemptions

When searches are being performed for a public purpose by certain individuals or organizations, they are exempt from paying search fees.  The ONLY individuals or organizations this applies to are:

  • government agencies
  • volunteer fire companies
  • volunteer ambulance services
  • public officers, boards, or bodies
  • legal aid bureaus or societies or other private entities when acting pursuant to Section 722 of the New York State County Law

Inspect the Records

Records are available for inspection by appointment if requested.  If you included a phone number with your request to inspect the records, the FOIL office will call you when your records are ready to be inspected.  Otherwise, you will be notified by mail.  When the records you requested are ready to be inspected, visit the DMV Customer Service Counter.

Appeals

If DMV denied your request for a record (in whole or in part), you can appeal the denial. You must do so in writing within thirty (30) days of the date of denial of your FOIL request. Your FOIL appeal must identify the date of your record request and a description of the records that were denied. Complete the FOIL Appeal Form (PDF) (AA-33FI) and mail it to the FOILs Appeals Officer. See the contact details for the FOIL Appeals Office.

Contact the FOIL Office

Mailing Address:

FOIL Office
New York State DMV
6 Empire State Plaza, Room 330A
Albany, NY 12228

Contact the FOILs Appeals Office

Mailing Address:

FOIL Appeals Office
New York State DMV
P.O. Box 2935
Albany, New York 12220-0935