The Freedom of Information Act (FOIA) gives any person the right to request access to federal agency records. Enacted in 1966, FOIA applies to executive branch agencies, not Congress or the courts.
9 steps across 1 sections
1. Steps Process
- Check if information is already public — Search the agency's website, FOIA reading rooms, and FOIA.gov for previously released records. This saves time and avoids unnecessary requests.
- Identify the correct agency — Determine which federal agency created or holds the records you seek. Each agency has its own FOIA office. Use FOIA.gov's agency list if unsure.
- Draft your request in writing — There is no required form. Your request must reasonably describe the records you want. Include date ranges, specific topics, names, or document types to narrow results.
- Specify your preferred format — Indicate whether you want records in electronic or paper format. Electronic delivery is usually faster and cheaper.
- State your fee category — Identify yourself as a commercial requester, news media, educational/scientific institution, or other requester. Fee waivers are available if disclosure primarily benefits...
- Submit your request — Most agencies accept requests electronically via web portal, email, or fax. Some still accept mail. Submit directly to the agency's FOIA office for fastest processing.
- Track your request — You will receive an acknowledgment with a tracking number. Monitor status through the agency's FOIA portal or FOIA.gov.
- Review the response — The agency will provide responsive records, withhold exempt material, or issue a partial release with redactions. Each redaction should cite a specific exemption.
- Appeal if necessary — If you disagree with redactions or denials, file an administrative appeal within the timeframe stated in the response (usually 90 days). You can also seek mediation through th...
Common Mistakes
- Being too vague
- Sending to the wrong agency
- Not asking for a fee waiver
- Expecting immediate results
- Giving up after a denial
Pro Tips
- Use FOIA.gov to search for records already released by agencies; someone else...
- MuckRock.com provides free tools to draft, submit, and track FOIA requests an...
- Request expedited processing if there is an urgency to inform the public abou...
- When requesting large volumes of records, ask the agency to process them on a...
- State-level equivalents exist (often called Open Records or Sunshine laws) fo...