Erie County Public Records

What Are Public Records in Erie County?

Public records in Erie County are defined according to the New York Freedom of Information Law (FOIL), codified under New York Public Officers Law § 84-90. These records encompass any information kept, filed, produced, or reproduced by, with, or for Erie County government agencies in any physical form whatsoever.

Erie County maintains a comprehensive collection of public records that includes:

Court Records: Civil, criminal, family court, and surrogate court filings maintained by the Erie County Clerk's Office
Property Records: Deeds, mortgages, assignments, satisfactions, liens, and judgments recorded by the Erie County Clerk as the official registrar
Vital Records: Birth, death, and marriage certificates (with certain access restrictions)
Business Records: Business certificates, DBAs (Doing Business As), and corporate filings
Tax Records: Property tax information, assessment records, and tax maps
Voting and Election Records: Voter registration data and election results maintained by the Erie County Board of Elections
Meeting Minutes and Agendas: Records of Erie County Legislature proceedings and various boards and commissions
Budget and Financial Documents: County financial reports, audits, and budget documents
Law Enforcement Records: Arrest logs and incident reports (subject to privacy and investigative exemptions)
Land Use and Zoning Records: Planning documents, permits, and zoning decisions

The Erie County Clerk's Office serves as the primary custodian for many of these records, particularly court filings, land records, and business certificates. Other records are maintained by their respective departments, such as the Department of Real Property Tax Services for assessment records and the Department of Health for certain vital records.

The Erie County government website provides centralized access to many public records and information about county services, departments, and officials.

Is Erie County an Open Records County?

Erie County fully complies with the New York State Freedom of Information Law (FOIL), as established under Public Officers Law Article 6, Sections 84-90. This comprehensive state law governs public access to government records throughout New York State, including Erie County.

The law's declaration of purpose, found in § 84, clearly establishes that:

"The legislature hereby finds that a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government."

Erie County adheres to these principles by maintaining transparent record-keeping practices and providing public access to government information. The county has established specific procedures for requesting and obtaining public records in accordance with state requirements.

In addition to state law compliance, Erie County has implemented its own FOIL procedures to facilitate public access to records. These procedures outline the process for submitting requests, timeframes for responses, and appeal mechanisms if requests are denied.

Erie County also complies with New York State's Open Meetings Law, often referred to as the "Sunshine Law," which requires that meetings of public bodies be open to the public and that notice of such meetings be provided in advance.

How to Find Public Records in Erie County in 2026

Members of the public seeking access to Erie County records may utilize several methods to locate and obtain the information they need:

Online Access: The Erie County Clerk's Online Public Record Search provides immediate access to many official records. Users can search for court records, land records, and other documents maintained by the County Clerk.
In-Person Requests: Individuals may visit the appropriate county office during regular business hours to inspect records in person. For most records, the primary location is:

Erie County Clerk's Office
92 Franklin Street
Buffalo, NY 14202
(716) 858-8785
Erie County Clerk
Written FOIL Requests: For records not available online, submit a written Freedom of Information Law (FOIL) request to the Records Access Officer of the specific department maintaining the desired records. Requests must:
- Be in writing (letter, email, or official request form)
- Include contact information
- Reasonably describe the records sought
Department-Specific Records: Contact the relevant department directly:
- For vital records: Erie County Department of Health
- For property tax records: Department of Real Property Tax Services
- For law enforcement records: Erie County Sheriff's Office
Electronic Court Records: Court documents filed electronically in Erie County are available through the New York State Courts Electronic Filing System (NYSCEF).

The county must acknowledge receipt of FOIL requests within five business days. A determination regarding access must be made within 20 business days from the acknowledgment date. If more time is needed, the agency must provide a written explanation and a date by which the request will be granted or denied.

For specialized searches, the Erie County Clerk's BrowserView system allows for detailed searches of official records with various filtering options.

How Much Does It Cost to Get Public Records in Erie County?

Erie County assesses fees for public records in accordance with the provisions set forth in the New York Freedom of Information Law § 87(1)(b)(iii). The current fee structure for obtaining public records in Erie County is as follows:

Standard Copy Fees:

Paper copies (up to 9" x 14"): $0.25 per page
Larger format copies (maps, plans, etc.): Actual cost of reproduction

Specialized Document Fees:

Certified copies of land records: $5.00 per document plus $0.65 per page
Marriage licenses: $10.00
Birth and death certificates: $30.00 per certified copy
Court records certification: $8.00

Electronic Records:

Records provided on CD/DVD: $10.00 per disc
Email delivery of digital records: No charge for the delivery method (copying fees may still apply)
Database information requiring special extraction: Actual cost of employee time

Search and Retrieval Fees:

Records requiring extensive search time: Actual cost of employee time may be charged for searches exceeding two hours

Accepted payment methods include cash, check, money order, and major credit cards for in-person transactions. Online transactions typically require credit card payment.

It is important to note that while fees may be charged for copies, the inspection of records in person is generally available at no cost, as provided by state law. Additionally, agencies may waive fees if disclosure of the requested records primarily benefits the general public.

Fee schedules are subject to periodic review and adjustment by the Erie County Legislature in compliance with state regulations.

Does Erie County Have Free Public Records?

Erie County provides several avenues for accessing public records at no cost to requestors:

Free In-Person Inspection: Pursuant to New York Public Officers Law § 87(1)(b), all members of the public have the right to inspect records during regular business hours at no charge. While copying fees may apply, the examination of records in person is free of charge.

Free Online Resources: Erie County offers numerous free online resources for accessing public records:

The Erie County Clerk's Online Public Record Search provides free access to view many official records, including court filings and land records.
Erie County government website offers free access to:
- County budget documents and financial reports
- Meeting agendas and minutes
- County codes and local laws
- Property assessment information
The Erie County Legislature website provides free access to legislative proceedings, proposed legislation, and voting records.
Erie County Board of Elections offers free access to voter information and election results.

Free Records by Department: Various Erie County departments provide specific records at no cost:

The Department of Environment and Planning offers free access to certain maps and environmental reports.
The Erie County Sheriff's Office provides basic incident information and press releases online at no charge.
The Erie County Department of Health publishes public health data, reports, and statistics free of charge.

While inspection and many online resources are free, requestors should be aware that fees may still apply for copies, certified documents, and records requiring extensive search or preparation time.

Who Can Request Public Records in Erie County?

Under the New York Freedom of Information Law § 89(1), any person, regardless of citizenship or residency status, may request access to public records maintained by Erie County government agencies. This broad eligibility reflects the law's purpose of promoting government transparency and accountability.

Requestor Requirements:

Identification: While basic contact information is required for processing requests, requestors are generally not required to present identification to inspect records. However, certain sensitive records may require verification of identity.
Purpose: Requestors are not required to explain why they want records or how they will use them for most public records. As stated in Public Officers Law § 89(2)(b), an agency may not deny access because the requestor's purpose is not provided.
Format: Requests must be reasonably described in writing, but no specific form is mandated by law.

Special Considerations:

Personal Records: Individuals seeking their own records (such as employment files) may need to verify their identity to protect privacy.
Vital Records: Access to birth and death certificates is restricted to qualified individuals with a direct relationship or legitimate need. Requestors must provide identification and documentation of their relationship to the subject.
Commercial Use: While commercial entities may request public records, certain bulk data requests may be subject to additional scrutiny or fees.
Attorney Requests: Attorneys may request records on behalf of clients with proper authorization.
Media Requests: Members of the press have the same rights as any other requestor under FOIL, though agencies often prioritize media requests due to public interest considerations.

Erie County processes all properly submitted requests in accordance with statutory timeframes, regardless of the requestor's status or purpose, except where specific legal restrictions apply.

What Records Are Confidential in Erie County?

Certain records maintained by Erie County are exempt from public disclosure in accordance with New York Public Officers Law § 87(2). These exemptions protect privacy, safety, and other important interests while balancing the public's right to information.

The following categories of records are generally considered confidential in Erie County:

Personal Privacy Information: Records that would constitute an unwarranted invasion of personal privacy, including:
- Social Security numbers
- Medical and health records (protected under HIPAA)
- Personal financial information
- Employment, medical, or credit histories
Law Enforcement Records:
- Active investigation materials that would interfere with law enforcement proceedings
- Records that would deprive a person of a fair trial
- Confidential source or witness information
- Criminal history information accessible only through regulated channels
Security Information:
- Critical infrastructure details
- Security system specifications
- Information that could endanger public safety if disclosed
Inter/Intra-Agency Materials:
- Deliberative process documents
- Draft materials and recommendations
- Pre-decisional memoranda
Specifically Exempt Records:
- Sealed court records
- Juvenile justice records
- Adoption records
- Mental health commitment records
- Child protective services records
- Grand jury proceedings
Trade Secrets and Commercial Information:
- Proprietary business information
- Trade secrets submitted to the county
- Information that would cause substantial competitive harm if disclosed
Attorney-Client Privileged Communications:
- Legal advice between county officials and county attorneys
- Materials prepared for litigation

When a record contains both exempt and non-exempt information, Erie County agencies will redact the confidential portions and release the remainder, as required by § 89(2)(a).

Erie County applies a balancing test when considering discretionary exemptions, weighing the potential harm from disclosure against the public interest in access to government information.

Erie County Recorder's Office: Contact Information and Hours

Erie County Clerk's Office
92 Franklin Street
Buffalo, NY 14202
(716) 858-8785
Erie County Clerk

Regular Business Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Saturday & Sunday: Closed
Holidays: Closed

Auto Bureau Downtown (Located in the same building)
Monday - Friday: 8:30 AM - 4:15 PM
Saturday & Sunday: Closed

Additional Locations:

Erie County Clerk's Outreach Center - Eastern Hills Mall
4545 Transit Road
Williamsville, NY 14221
(716) 858-8864
Monday - Friday: 9:00 AM - 5:00 PM
Saturday: 9:00 AM - 1:00 PM

Erie County Clerk's Outreach Center - Southtowns
S-4949 Hamburg Turnpike
Hamburg, NY 14075
(716) 858-7450
Monday - Friday: 9:00 AM - 5:00 PM
Saturday: 9:00 AM - 1:00 PM

The Erie County Clerk, currently Michael P. Kearns, serves as the official registrar and custodian of public records for Erie County. The office maintains and provides access to vital records, court documents, land records, business certificates, and other official documents.

For specific inquiries regarding record availability or special accommodations, members of the public are encouraged to contact the office directly during regular business hours.