To get a copy of an NYPD DD5 Complaint Follow-up report, file a Freedom of Information Law request through the NYC OpenRecords portal at a860-openrecords.nyc.gov, select the New York City Police Department as the agency, and include the complaint number assigned when the incident was first reported.1NYC.gov. NYC Government OpenRecords If you are a defendant in a criminal case, you likely don’t need to file anything: your attorney should receive DD5s automatically through the prosecution’s discovery obligations.
What to Gather Before You File
The complaint number is the one piece of information that makes or breaks a request. The NYPD generates a unique number for each reported incident, and every DD5 written on that case is indexed under it.2NYC Open Data. NYPD Complaint Data Historic If you reported the crime, the number appears on the victim or complaint report the responding officer gave you.
Also pull together the precinct that took the report, the date of the incident, and the full names of everyone involved. New York’s FOIL statute requires your request to “reasonably describe” the record you want, and thin descriptions give the agency room to delay or deny.3New York State Archives. New York State Code – Public Officers Law Article 6 Freedom of Information Law
Filing Through the OpenRecords Portal
The NYPD routes all FOIL requests through NYC OpenRecords.4NYC.gov. Document Production/FOIL Requests Create a free NYC.gov account, choose the New York City Police Department as the agency, and in the description state that you are requesting all DD5 Complaint Follow-up reports associated with your complaint number. Include the precinct, incident date, and names of the parties involved.
If you prefer paper, mail a written request to:
NYPD Legal Bureau – FOIL Unit
One Police Plaza, Room 110-A
New York, NY 100384NYC.gov. Document Production/FOIL Requests
State in the letter that you are requesting records under the New York Freedom of Information Law (Public Officers Law Article 6), and include the same identifying details. The portal is faster and lets you track status, but a mailed request has the same legal weight.
Timelines and Fees
Within five business days of receiving your request, the NYPD must do one of three things: release the record, deny the request in writing, or acknowledge receipt and give an approximate date when it will decide.3New York State Archives. New York State Code – Public Officers Law Article 6 Freedom of Information Law If more than 20 business days pass after the acknowledgment without a response, the department must explain the delay in writing and name a specific date.5Open Government. Explanation of Time Limits for Response
In practice, NYPD FOIL responses for investigative records often take considerably longer than those minimums, especially when the case is still open. Hold on to your confirmation number so you can check status through the portal.
When records are released on paper, the fee is capped at 25 cents per photocopied page for documents no larger than 9 by 14 inches.6New York State Committee on Open Government. Freedom of Information Law
What May Be Redacted
The NYPD can withhold or black out portions of a DD5 under exemptions in Public Officers Law Section 87(2). The ones most often invoked for investigative files cover material that would:
- Interfere with an open investigation by tipping off suspects or exposing active leads.
- Identify a confidential source, informant, or cooperating witness.
- Reveal non-routine investigative techniques the department wants kept quiet.
- Endanger the safety of undercover officers, vulnerable witnesses, or victims.
- Deprive someone of a fair trial by prejudicing the jury pool in a pending case.7New York State Archives. New York State Code – Public Officers Law Article 6 Freedom of Information Law – Section 87
The agency cannot deny an entire document because a few lines qualify for redaction; it must release the portions that aren’t exempt. Closed cases with no pending prosecution tend to come back with fewer redactions, because the exemptions tied to active investigations and fair-trial rights no longer apply.
If Your Request Is Denied
You have 30 days to file a written appeal with the NYPD’s designated appeals officer. The denial letter itself must name that officer and give contact information; a letter that simply says “denied” without that information is itself defective.8New York State Senate. New York State Code PBO 89 – General Provisions Relating to Access to Records
The appeals officer then has 10 business days to issue a written decision either granting access or fully explaining why the denial stands. The department must also send a copy of every appeal to the New York State Committee on Open Government. Silence past the 10-day deadline counts as a denial and clears the way for court action.8New York State Senate. New York State Code PBO 89 – General Provisions Relating to Access to Records The same rule applies at the first stage: if the NYPD never responds to your original request, that failure is treated as a denial and you can go straight to an appeal.6New York State Committee on Open Government. Freedom of Information Law
Taking It to Court
Once you have exhausted the administrative appeal, you can challenge the denial by filing an Article 78 proceeding in New York State Supreme Court. The filing deadline is four months from the final denial. In court, the burden rests on the NYPD to show that the records fall within a statutory exemption.8New York State Senate. New York State Code PBO 89 – General Provisions Relating to Access to Records
If you substantially prevail and the court finds the agency had no reasonable basis for denying access, the court must award reasonable attorney’s fees and litigation costs. Even where the agency’s position wasn’t entirely unreasonable, the court can still award fees when the agency missed the statutory response deadlines.8New York State Senate. New York State Code PBO 89 – General Provisions Relating to Access to Records
If You’re a Criminal Defendant, Skip FOIL
Defendants don’t need a FOIL request. New York’s automatic discovery statute requires prosecutors to turn over all police reports, investigator notes, and written or recorded witness statements, which includes DD5s, without any demand from the defense.9New York State Senate. New York State Code CPL 245.20 – Automatic Discovery
The deadline depends on custody. Initial discovery is due within 20 calendar days of arraignment when the defendant is in custody, and 35 calendar days when the defendant is not.10New York State Senate. New York State Code CPL 245.10 – Timing of Discovery A defense attorney who hasn’t received DD5s within those windows can raise it with the court, and incomplete disclosure can block the prosecution from certifying readiness for trial.
Discovery only helps parties to the criminal case. Victims, family members, journalists, and anyone else have to go through the FOIL process described above.