administrative

Make a FOIA Request

Federal & State Law Editorial TeamLast reviewed: May 2026

Immediate Deadlines

Agency initial response (acknowledge and process):20 working days from receipt (5 USC § 552(a)(6)(A)(i))
Expedited processing decision:10 calendar days from request
Administrative appeal of denial:Within 90 days of denial letter (deadline varies; check denial letter)
Federal lawsuit in U.S. District Court:Statute of limitations is 6 years from final agency action

Documents You'll Need

Description of records requested (as specific as possible)
Date range covered (e.g., January 2020 through May 2026)
Names, agencies, programs, or events involved
Your contact information (name, mailing address, email, phone)
Statement of fee category (commercial, news media, educational, other)
Statement of willingness to pay fees, or fee waiver request with public-interest justification

Step-by-Step

Identify the right agency

FOIA only applies to federal executive-branch agencies — Congress, federal courts, and the President's immediate staff are exempt. Each agency processes its own requests; there is no central federal FOIA office. State and local records are governed by state public-records laws, not FOIA. Use foia.gov or the National Archives FOIA Wizard at archives.gov to identify which agency holds the records you want. Submitting to the wrong agency wastes weeks.

Write a specific, narrowly tailored request

Vague requests are denied or delayed for clarification. Specify: types of records (emails, memos, contracts, reports), the office or program involved, a clear date range, key custodians by name and title, and any subject keywords. Cite FOIA explicitly: 'Pursuant to the Freedom of Information Act, 5 USC § 552, I request...' Narrow requests get answered faster than broad ones. Ask for fee waiver only if the records serve the public interest.

Choose your fee category and cap

FOIA distinguishes three requester categories: commercial (pays search, review, duplication), news media/educational/non-commercial scientific (pays only duplication after first 100 pages free), and other (pays search after 2 hours free and duplication after 100 pages free). State your category. Specify a maximum amount you'll pay (commonly $25-$50) — the agency must notify you before exceeding it. Fee waivers under 5 USC § 552(a)(4)(A)(iii) require public-interest justification.

Submit through foia.gov or the agency's portal

FOIA.gov is the unified federal portal — search prior releases, track requests, and submit new ones. Many agencies also accept email or postal mail. Always get confirmation of receipt and a tracking number. The 20-working-day clock starts when the responsible component receives the request, not when you submit. Multitrack processing means simple requests are answered faster than complex ones.

Watch for exemption claims

FOIA has nine statutory exemptions: (1) classified national defense/foreign policy, (2) internal personnel rules, (3) statutorily exempt by other law, (4) trade secrets/confidential commercial info, (5) deliberative process/attorney work product, (6) personal privacy, (7) law enforcement records, (8) financial regulatory records, (9) geological data on wells. Three exclusions ((c)(1)-(c)(3)) cover sensitive law enforcement matters where the agency can treat records as not subject to FOIA. Agencies must explain each redaction and apply the foreseeable-harm standard added by the FOIA Improvement Act of 2016.

Appeal denials administratively within 90 days

If the agency denies your request or withholds records, you have a statutory right to appeal to the agency's FOIA appeals office. Most agencies require appeal within 90 days of the denial letter. The appeal must be in writing, reference your tracking number, and explain why each exemption claim is wrong. Agencies have 20 working days to decide the appeal. Administrative exhaustion is required before suing in federal court.

Sue in federal court if necessary

After exhausting administrative remedies, you may file suit in U.S. District Court for your district, where the records are kept, or in D.C. The court reviews exemption claims de novo and can order release of improperly withheld records, attorney's fees if you substantially prevail, and sanctions against agency officials. The Office of Government Information Services (OGIS, within NARA) offers free mediation as an alternative to litigation.

How This Varies by State

Every state has its own public-records law (often called Open Records, Public Records, or Sunshine laws). Response deadlines, exemption lists, and fee structures all differ. California's Public Records Act gives agencies 10 days. Texas Public Information Act requires response 'promptly' but offers a 10-business-day deadline to seek Attorney General review. Florida's Sunshine Law has no specific deadline but requires immediate access if records are readily available. New York Freedom of Information Law gives 5 business days to acknowledge and a reasonable time to produce. Some states charge per-page; others limit fees to actual copying costs.

Federal Law Considerations

FOIA was enacted in 1966 (5 USC § 552) and amended repeatedly — most recently by the FOIA Improvement Act of 2016, which codified the foreseeable-harm standard and required proactive disclosure of frequently-requested records. The Privacy Act (5 USC § 552a) protects records on individuals; you can request your own records under both statutes simultaneously. Vaughn indices (required by Vaughn v. Rosen, D.C. Cir. 1973) require agencies to itemize and justify each withholding. The Glomar response neither confirms nor denies the existence of records when even acknowledgment would harm a protected interest.

Common Mistakes to Avoid

Sending an overly broad request that triggers fee estimates exceeding $1,000
Failing to specify a fee cap or request fee waiver
Missing the 90-day administrative appeal deadline
Submitting to the wrong agency or wrong component
Not exhausting administrative appeal before suing
Asking for records held by Congress or federal courts (not subject to FOIA)
Treating constructive denial (no response in 20 days) as the only option — appeal options still apply

Official Resources

FOIA.gov: File a Request and Track National Archives FOIA Resources OGIS: FOIA Mediation Services

Related Resources on This Site

Tools

Forms

foia request template
foia fee waiver request
foia appeal letter

Guides

When to Get a Lawyer

Federal court lawsuit after exhausted administrative appeal
Complex Glomar response or pattern of stonewalling
Request involving classified or law enforcement records with strong public-interest case
Reverse FOIA litigation (third party trying to block release of your records)

Frequently Asked Questions

Who can file a FOIA request?

Any person — U.S. citizens, foreign nationals, corporations, organizations, universities, and even foreign governments can submit FOIA requests. No standing or particular reason is required. Identity verification is only required for first-party requests under the Privacy Act seeking your own records. You don't need a lawyer to file.

How long does FOIA actually take?

The statute says 20 working days, but practical timelines are far longer. Simple requests at well-resourced agencies (e.g., FOIA.gov-listed components) may resolve in a few weeks. Complex requests at backlogged agencies (FBI, State Department, CIA) routinely take 1-5 years. Expedited processing is available if you can show compelling need (imminent harm to physical safety or urgent informing the public about actual government activity).

Can I get records that are classified?

Classified records are exempt under Exemption 1, but the agency must show they meet current classification standards (Executive Order 13526). You can file a Mandatory Declassification Review (MDR) request as an alternative — MDR has different procedures but applies the same substantive standards. Records over 25 years old are presumed declassified unless an agency-specific exemption applies.

Do I have to pay for the records?

Often, yes — but limits and waivers exist. The first 2 hours of search and first 100 pages of duplication are free for non-commercial requesters. Fee waivers are granted if disclosure is in the public interest and not primarily for commercial use. Most news media, educational, and non-commercial researchers pay only duplication costs. Commercial requesters pay all reasonable costs.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.