Q&A: wage/tax records

Q.  How do I get a copy of my W-2 or 1099?

A.  The quickest way to obtain a copy of a prior year 1099 or W-2 is through your employer.  If that's not possible, you can order copies from the IRS for a fee ($50 per copy) by using Form 4506.  Allow up to 75 calendar days for the IRS to process your request.  Alternatively, you can obtain a transcript of the same information free of charge by using Form 4506-T.   

If you have not received your current year forms by the end of February, you may call the IRS at 800-829-1040 for assistance.  When you call, you should have the following information available:

• Your name, address (including ZIP code), phone number, and social security number,

• Your employer/payer's name, address (including ZIP code), and phone number,

• If known, your employer/payer’s identification number (EIN), and

• An estimate of the wages you earned, your federal income tax withheld, and your dates of employment.

After February, the IRS will contact the employer/payer for you and request the missing or corrected form. The IRS will also send you a Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., along with a letter containing instructions.

Q&A: receipt of federal funds and FOIA

Q.  Is a HUD-subsidized community required to follow FOIA guidelines?

A.  Municipal entities are not subject to the federal FOIA; the receipt of federal funds is irrelevant.  See, e.g., Hammerlord v. City of San Diego, No. 11-1564, 2012 U.S. Dist. LEXIS 157740, at *16 (S.D. Cal. Nov. 2, 2012) (finding that housing commission not subject to FOIA notwithstanding receipt of federal funds).

Q&A: airplanes flying amok

Q.  I would like to inquire about the cost of the white/blue trim small aircraft that fly all day in my neighborhood.  I do not live near a major airport.  The planes are loud and plentiful (every 2 minutes), and some of them have STATE printed in blue while others have numbers (for example N525ER and various others).  Are these government planes? I would like to know the cost to the taxpayer as well as the purpose of the aircraft if, in fact, these are government planes. 

A.  You can find airline registration information on the Federal Aviation Administration's website.  If you would like to make a FOIA request to the FAA, follow these agency instructions.   

Q&A: military draft status

Q.  What was my draft status in 1966?

A.  You might wish to submit a request to the Selective Service System.  Here is the relevant contact information:

Paula A. Sweeney
FOIA Officer
National Headquarters
Arlington , VA 22209-2425
(703) 605-4100 (Telephone)
(703) 605-4106 (Fax)
FOIA Requester Service Center: Phone: (703) 605-4100
FOIA Public Liaison: Richard Flahavan, Phone: (703) 605-4100
Website: http://www.sss.gov/freedomhome.htm

Q&A: requirements to retain records

Q.  What is the time limit on retention of records under the Act?

A.  The recordkeeping responsibilities of federal agencies are governed generally by the Federal Records Act (FRA), not the Freedom of Information Act.  Pursuant to the FRA, the National Archives and Records Administration approves "records disposition schedules," which identify records maintained by agencies and set forth instructions for their retention and destruction.  Just for illustration, here are the records disposition schedules for the Department of State. Tangentially, FOIA case files of all agencies must be retained for a specified time period.  See General Records Schedule 4.2.

Q&A: is arrest information protected in Connecticut?

Q.  Do I have to release the name and address of a domestic arrest in Connecticut?

A.  Perhaps. In July 2015, the Governor of Connecticut signed legislation that requires the release of an "arrest record" which includes but is not limited to the name, race. and address of the person arrested, the date, time, and place of arrest and the offense for which the person was arrested."  The legislation became effective October 1, 2015.  Note, however, that such information is required to be disclosed pursuant only "during the period in which a prosecution is pending against the person who is the subject of such record."   

Q&A: gov't employee request for "vouching" info

Q.  I am a federal employee. Can I obtain an unredacted copy of "vouching" information for the federal positions that I previously applied for?

A.  Maybe.  The Privacy Act of 1974 may protect information supplied by third parties concerning an applicant's eligibility, qualifications, or suitability for federal employment.  Specifically, you may not obtain such information if it was provided by a source under an express promise of confidentiality.  For further guidance, you might wish to consult the Department of Justice's Overview of the Privacy Act of 1974 (2015 ed.) (Exemption K5).

Q&A: FOIA jury trial?

Q.   I would like to petition for a jury trial in my federal FOIA case.  How can I do that?

A.   Litigants in FOIA cases do not have the right to a jury trial.  See, e.g., Buckles v. Indian Health Serv./Belcourt Serv. Unit, 268. F. Supp. 2d 1101, 1102-1103 (D.N.D. 2003).   Nor am I aware of any FOIA case in which a court has granted a motion or demand for a jury trial.  

Q&A: stopped at Customs

Q.   My wife and I travel as missionaries to other countries and in Nov. 2014 we were coming back into the country from Africa and were held by the Customs at Atlanta.  I do not have anything wrong on my record and I do not want to be held up this year as we travel again.

A.  See the following information from the U.S. Customs and Border Protection about requesting records concerning yourself with respect to screenings at airports and other transportation hubs.

Q&A: juvenile detention records

Q.  When I was a minor I was sent by the Family Court of New York State to Spofford, a youth detention facility in the Bronx.  I want to obtain information contained in my family court records and any records kept by Spofford.  Is this allowed under the FOIA?

A.  Access to New York court records is governed by Section 255 of the Judiciary Law, not the state's Freedom of Information Law ("FOIL") or the federal Freedom of Information Act ("FOIA").  If you want to obtain court records, you can go to the courthouse where the case took place and request the records in writing from the clerk of the court.  As you may know, the Spofford Juvenile Center closed in 2011.  I do not know where the institution's records are located now, but you might want to try the New York State Office of Children and Family Services at info@ocfs.ny.gov.