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About Public Records

A plain-language guide to public records in America — what they are, who can access them, how FOIA works, state open records laws, and how to submit a records request.

Public records are documents, files, and data created or maintained by government agencies that are legally available for anyone to inspect or obtain. The Freedom of Information Act (FOIA), signed in 1966, established that government records must be disclosed unless a specific exemption applies. Most records — court files, property records, vital records, criminal histories — are held at the state and county level and accessed through state open-records laws.

Frequently Asked Questions

What is the Freedom of Information Act (FOIA)?

The Freedom of Information Act (1966) gives any person the right to request access to federal agency records. Agencies must respond within 20 business days and may charge reasonable fees for search, duplication, and review.

What types of records are considered public?

Public records include court filings, criminal records, property deeds, vital records (births, deaths, marriages), business registrations, government spending data, and most correspondence of public officials.

Can federal agencies deny a FOIA request?

Yes, under nine exemptions covering national security, internal agency rules, trade secrets, banking records, personal privacy, law-enforcement investigations, certain agency memos, oil and gas wells, and geological data.

What is the difference between federal and state public-records laws?

FOIA covers federal agencies. Each state has its own open-records or sunshine law with different request procedures, response timelines, fees, and exemptions governing state and local government records.

How long does it take to receive records after a FOIA request?

Federal agencies must acknowledge a request within 20 business days. Actual production of records varies widely from days to years depending on the agency's backlog, complexity, and whether you request expedited processing.