Freedom of Information Act Guide

FOIA Requests & Government Records

FOIA requests: how to file with any federal agency through FOIA.gov, the nine exemptions, fees and the 20 day deadline, Privacy Act requests, appeals, OGIS mediation and going to court.

Guide

Overview

The Freedom of Information Act gives anyone, citizen or not, the right to request records from a federal agency, and the agency must release them unless one of nine exemptions applies. The law covers the executive branch: departments, independent agencies, the military and government corporations. It does not cover Congress, the federal courts, the president's immediate staff or state and local governments, which have their own laws. A request goes to the agency that holds the record, not to a central office, though FOIA.gov can route it.

Agencies must decide the request and tell the requester within 20 working days, extendable in unusual circumstances, though producing the records can take longer, and in practice many requests run far past the deadline. The request is free for the first two hours of search and the first 100 pages for most requesters, and fee waivers are available when release serves the public interest.

Official sources on this page were checked on September 25, 2026.

Guide

Where to file and how to write it

FOIA.gov lists every agency's FOIA office, its contact and its online request form, and it accepts requests for many agencies directly. Each large agency also has its own portal, and the FBI, the Department of Homeland Security, the State Department and the National Archives handle the largest volumes. A good request names the records as exactly as possible, gives a date range, states the format wanted, sets a fee ceiling and explains any request for expedited processing. Records about yourself are requested under the Privacy Act at the same time, with proof of identity.

Guide

Exemptions, fees and timelines

The nine exemptions cover classified national security information, internal agency rules, records another statute closes, trade secrets, deliberative drafts and legal advice, personal privacy, law enforcement records where release would cause specific harms, bank supervision records and oil well data. Exemption 5, deliberative process, and exemptions 6 and 7, privacy, are the ones most often used. An agency must release the parts of a record that are not exempt. Fees depend on the requester category: news media and educational requesters pay only copying costs, commercial requesters pay search, review and copying, and everyone else pays search and copying after the free allowance.

Guide

Appeals, mediation and court

A denial or a failure to respond in time can be appealed to the agency's FOIA appeals office within the time the agency sets, usually 90 days. The Office of Government Information Services at the National Archives mediates disputes free of charge and reviews agency compliance. After the appeal, or after the agency misses its deadline, the requester can sue in federal district court, and a requester who substantially prevails can recover attorney fees.

Straight answers

FOIA Requests & Government Records, questions

Who can file a FOIA request?

Anyone, including non citizens, companies and organizations. No reason is required, though the purpose affects the fee category and any request for expedited processing.

How long does a FOIA request take?

The law gives an agency 20 working days to decide the request and say so, extendable in unusual circumstances, but producing the records can take longer, and many agencies take months and some take years for complex requests. Simple requests to small agencies often come back within the deadline.

Does FOIA cover state, county and court records?

No. It covers federal executive branch agencies only. States have their own public records laws, and court records are searched through the courts.