File a Freedom of Information Law (FOIL) request

What is FOIL?

The NY State Freedom of Information Law provides access to state and local government records. See the Committee on Open Government for more information.


Do I need to use 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.

 

What DMV Records may I request under FOIL?

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

When you request DMV records under FOIL, DMV will send you a letter within 5 business days after we receive your request.  This letter will tell you your request was received. In most cases, the records will be made available within 20 business days from the date of the acknowledgment letter. In some cases, it may 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.

 

How do I 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 your request in writing

If you decide that you are eligible to request the records under FOIL, you must make your FOIL request in writing. 

To make a request under FOIL do one of the following

or

  • write a letter that describes the records you seek. Make sure you include your mailing address or email address.  This will allow the DMV to send the records to you.


Step 3: Submit your request

If the records you are requesting include personal information, include a photocopy of your driver license or other government issued photo ID card. If you wish, you may black out the picture. You must identify your permissible use for the record you are requesting. Permissible uses are listed on Page 2 of the MV-FOIL.

 

By Email 

Attach your completed Freedom of Information Law Request Form (PDF) (MV-FOIL) to an email and send it to [email protected] .

or

Email your letter that describes the records you seek to [email protected] . In your message, including your name and mailing address or email address. Attach a copy of your government issued photo ID, if required. 


By Mail

Mail your completed form or letter to 

New York State Department of Motor Vehicles
FOIL Office
6 Empire State Plaza, Room 330A
Albany, NY  12228


When will I get a response?

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 or acknowledge receipt of your request. We will also provide a time frame for when you can expect to receive the record you requested.

 

Is there a fee for records I request under FOIL?

Yes. The law authorizes us 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. If the records are available and you want paper copies, we charge a copy fee of $1.00 for each page. A page is a single sheet of paper, whether one-sided or two-sided.

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

The FOIL office will not release the record you have requested until payment has been received in full.

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

 

When and where can I inspect copies of DMV records?

Records rarely can 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. If a phone number was provided with your request, 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, you will need to come to the

Customer Service Counter
Room 136
Swan Street Building
Empire State Plaza
Albany, NY  12228

The Customer Service Counter is open 8:00am to 3:45pm, Monday through Friday, except state holidays.

 

Can I appeal DMV’s response to my FOIL request?

Yes.  If DMV has denied your request for a record (in whole or in part), you may 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. You should complete the FOIL Appeal Form (PDF) (AA-33FI) and mail it to:

Department of Motor Vehicles
FOIL Appeals Officer
P.O. Box 2935
Albany, New York 12220-0935

 

Do it by e-mail

Make your FOIL request in writing and email it to the DMV FOIL Office.

Send your completed Freedom of Information Law Request Form (MV-FOIL) or a letter that describes the records you seek to:

[email protected]

Do it by mail

Make your FOIL request in writing and mail it to the DMV FOIL Office.

Send your completed Freedom of Information Law Request Form (MV-FOIL) or a letter that describes the records you seek to:

New York State Department of Motor Vehicles
FOIL Office
6 Empire State Plaza, Room 330A
Albany, NY  12228

For your convenience, many DMV PDF forms can be filled in online and then printed.