Queens County Court Records

Queens County court records refer to paperwork and other materials that document legal cases handled by the county's court system. They provide an official account of local legal cases and a general overview of how they are managed from inception to final judgment. They are also used to facilitate certain legal proceedings, such as appeals. The Queens County Clerk's office is the primary custodian of most court records. Nonetheless, some local courts also have an independent clerk's office that maintains court records they generate.

The NYS Public Officers Law Article 6 (Sections 84-90) establishes the general public's right to access records maintained by government entities, including courts, with certain exceptions. Queens County court records typically contain transcripts, dockets, exhibits, motions, judgments, and other documents and materials relevant to the case they document.

Are Queens County Court Records Public?

Yes. According to NYS Public Officers Law Article 6 (Sections 84-90), also known as the New York Freedom of Information Law (FOIL), Queens County court records are presumably open to the public. The law grants the public the right to access records maintained by government entities, though some exceptions apply.

In Queens County, court records may be exempt from public disclosure due to sensitive information they contain, statutory provisions, or a court order. Some examples of these exempt court records include, but are not limited to:

• Sealed records
• Juvenile records
• Adoption records
• Records connected to an ongoing investigation

What Information is Available in Queens County Court Records?

The information available in Queens County court records depends on the type of case. Notwithstanding, most court records provide basic case information, such as a case's filing date, type, number, parties, and their legal representatives' details, motions, and appearances. Detailed below is a breakdown of niche information that records from different types of cases provide:

Civil Records

Civil cases involve disputes between two or more parties. These may include contractual disputes, tenancy issues, injury claims, etc. Civil court records typically contain motions, appearances, transcripts, classifications, and judgments.

Criminal Record

Criminal court records detail prosecuting a criminal offence (i.e., a misdemeanor or a felony). They often include the defendant's personal information, incident and arrest records, appearances, charges, and motions.

Family Law Records

Family law records involve disputes that directly affect a family unit. These include divorce, child custody, child support payments, and paternity cases. For instance, a child support record usually contains support orders, petitions, summons, evidence, and testimony.

Surrogate's Court Records

Surrogate court records contain details about cases involving a decedent's affairs, such as the administration of estates and probate of wills. The court also has jurisdiction over guardianship and adoption proceedings. This court's records typically include wills, estate inventories, letters of administration, and other related documents.

Queens County Court Records Search

The New York State Unified Court System and the Queens County Clerk's office provide different ways to search and access local court records.

Online Access

• New York State Unified Court System's eCourts Website: It features four (4) search portals that interested persons can use to access information about different types of cases (supreme, civil, criminal, and family cases) handled by courts in New York, including those in Queens County. Users can search for records by party name or case number on these portals for free.
• Queens County Clerk's Office Case Search Portal: This can be used to search for cases filed with the Queens County Clerk's Office. Users can search for cases by party name, index number, or attorney's details on the portal.

In-Person Access

Most courthouses in Queens County provide on-site terminals for record seekers to search for records of court cases they have handled. They can also request paper copies of court case records in person at a local court clerk's office. They must provide information identifying the sought-after record to facilitate their request. These include the case's party name, filing date, or case number. The clerk's offices are usually open weekdays from 9 a.m. to 5 p.m.

Mail and Phone Requests

Record seekers can draft a written request containing sufficient identifiable information about the sought-after record. Next, they can mail it with the appropriate fees (via U.S. postal money order, certified check, or NYS attorney's check) and a stamped self-addressed envelope to the Queens County Clerk's office, Record Search Department.

Fees for Court Records in Queens County

The Queens County Clerk's office charges the requesters between 65 cents and $1.50 per page for regular copies of case documents and up to $10 per page for certified copies. Nonetheless, interested persons may be allowed to inspect records on-site for free.

On the other hand, vital records, such as birth, death, marriage, and divorce records, are available through the New York Department of Health at $30 and $45 per certificate for mail and online/phone requests, respectively.

Queens County Courthouse Locations

There are seven (7) courthouses in Queens County, and each handles specific types of cases:

• Jamaica Courthouse: houses Queens County Supreme Court (Civil Term), which has jurisdiction over cases involving mentally ill persons, commercial disputes, foreclosure, guardianship, and divorce proceedings
• Long Island City Courthouse: This is another Queens County Supreme Court (Civil Term) location.
• Kew Gardens Courthouse & Annex: This is where the Queens County Supreme Court (Criminal Term) is located. It handles the prosecution of all types of criminal offenses (including misdemeanors and felonies)
• Queens County Family Court: handles cases involving minors between 8 and 16 who are charged with offenses that would be a crime if committed by an adult. The court also handles child custody, support payments, and paternity cases.
• Queens County Surrogate's Court: This court handles cases pertaining to decedents' affairs, such as probate of wills and the administration of estates. It also has jurisdiction over adoption proceedings.
• Queens County Civil Court: This court houses the New York City Civil Court that serves Queens County. The court has two parts (divisions): housing and small claims. The housing division handles all housing-related disputes, like tenancy disagreements. Meanwhile, the small claims division has jurisdiction over civil claims of up to $15,000.
• Queens County Criminal Court: This court has criminal jurisdiction over misdemeanors and lesser criminal offenses.

Criminal Records Access in Queens County

Criminal history records in Queens County are accessible through the New York State Office of Court Administration (OCA). Record seekers can conduct a New York Statewide criminal history record search (CHRS) through the OCA for a $95.00 per search fee. They can conduct searches online through the OCA's Online Direct Access page, and users must log in or register an account to use the online service. Alternatively, they can submit requests for criminal history records by mail using the Criminal History Record Search (CHRS) Application Form.

It is worth noting that court records of criminal cases in Queens County are accessible through the New York State Unified Court System's eCourts Webcriminal portal.

Queens County Probate Records

In Queens County, probate cases fall under the jurisdiction of the Surrogate Court. Examples of these cases include, but are not limited to, probate of wills, administration of estates, and adoption cases. Records seekers can access probate records online through New York's WebSurrogate portal. Users can search the portal by name or file number for free. Alternatively, they can visit the Queens County Surrogate Court's Clerk's Office to request probate records.

Queens County Family Court Records

Queens County family court records are accessible online through New York's eCourts WebFamily portal. Users can search for records on the portal by file/docket number or attorney/firm name. However, only cases with future appearances are provided on the portal. Record seekers can contact or visit the Queens County family court clerk's office to access or request copies of family case records unavailable on the WebFamily portal.

Federal Court Records in Queens County

The New York Eastern District Court has jurisdiction over federal cases in Queens County. Federal laws control these cases and include, but are not limited to, bankruptcy, patents, copyrights, and admiralty or maritime law cases. Interested persons can access the court records of these federal cases online through the PACER (Public Access to Court Electronic Records) system, which requires registration and operates on a per-page fee basis. Alternatively, record seekers can visit the court clerk's office to request court case records in person.