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    1. [NYUlster] Sealed Records
    2. Virginia Byron
    3. Regarding the marriage records held by County Clerks in New York State and veterans discharge papers, both of which are now removed from public access in Ulster County, here's an update..... I spoke yesterday with the Ulster County Director of Veterans Service Agency. First, let me say that I know the director to be an honorable person and a dedicated public servant. He was unaware that the records had been removed from public access, but does recall having conversations with county officials regarding the unrestricted public access to these discharge papers. His concerns stem from documented cases of identity theft which has now caused reluctance of veterans to file a copy of their papers with the county. It seems that the discharge papers, from about the 1960's to present, contain social security numbers and other personal information not included in the older papers. My personal opinion is that removal of these records is quite justified. I've also learned that these records are being removed nationwide, however there does not seem to be any allowance for access to the older records which do not include such personal information. Regarding the marriage records, I requested and received a copy of the directive removing these records from public access. The directive comes from the office of Robert W. Arnold III, New York State Archives, Government Records Services, Cultural Education Center, Albany, NY 12230. The directive is addressed to the Ulster County Records Management Officer, apparently clarifying a previous bulletin which outlined which vital records do and do not come under the jurisdiction of the State Department of Health. Following are the pertinent excerpts of that directive: "These records were first maintained in 1908 following the passage of a law requiring county clerks to maintain indices or registers of marriages and forward the actual certificates to the State Department of Health. This requirement was abolished in 1926 but some county clerks continued to maintain these summary records into the 1930s." "The State Archives has communicated with both Robert Freeman, Executive Director of the Committee on Open Government, New York Department of State, and Peter Carucci, Director of Vital Records, New York State Department of Health." "We are all in agreement regarding the confidentiality of these records. These registers or indices may or may not come under the jurisdiction of the State Department of Health, depending on what information they contain. If they merely contain names of the persons involved, the date of the license and the city or town in which it was issued, they should be treated like any other publicly-accessible county records in regard to access and reproduction." "If they contain additional information on the marriage applicants, they are subject to the provisions of Sections 19 and 20 of the Domestic Relations Law. Likewise, if copies of any actual marriage certificates have been retained by county clerks, these certificates would be subject to the same statutory provisions. While certified and uncertified copies may be made from these records, they are confidential to the extent that they may not be made available for unrestricted public inspection. Counties may create indices or other finding aids to these ledgers that the public may review so long as these indices contain only the names of the persons involved, the dates of the licenses and the municipalities in which they were issued." End of quotes. I hope the above clarifies the source and basis for the removal of these records. I have read the above time and time again, and have read the referenced sections of the Domestic Relations Law. I can only conclude that what's being said here is that you can have the information but you're going to have to pay for it....and pay dearly you will in New York State. Regards, Virginia

    01/17/2004 05:19:00